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97-416�-. �� r , � � � Presented By Referred To Council File # _�� Green Sheet # �- RESOLUTION CITY OF SAINT P L, MINNESOTA �1 7 � � � Committee: Date WHEREAS, the City of 5aint Paui, Office Qf' License, Inspections and Environmental Protection brought an adverse action against the licenses held by Thanh Ngoc Nguyen dJbJa Cafe Kazaoke Do Thanh, £or the premises located at 1275 University Avenue West, alleging a violation of a condition of their license; and WFIEREAS, on or about January 14, 1997 the licensee was duly notified that a heazing had been scheduled before an Adminisirative Law Judge on February 13, 1997; and WtIEREA5, the Administrative Law Judge took the matter under advisement after hearing tesrimony from the Ciry and the licensee, and receiving e�ibits presented by the City; and WHEREAS, the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge dated March 17, 1997 were served on the Council of the Ciry of Saint Paul, with copies sent to the licensee; and WfiEREAS, a public hearing was held on April 2, 1997 to consider the Recommendation, at which fime the licensee did not appear; NOW, TfIEREFORE BE IT RESOLVED, that the City Council of the City of Saint Paul, after due deliberation based upon all the files, records and proceedings herein, inciuding the documents and e�ibits submitted to the Adiniuistrative Law Judge, the Findings of Fact, Conclusions and Recommendation issued subsequent thereto, and the discussion had in open session on April 2, 1997, does hereby adopt and incorparate herein by reference the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge. FURTHER RESOLVED, that all licenses in the name of Thanh Ngoc Nguyen, dJb/a Cafe Karaoke Do Thanh for the premises at 1275 West University Avenue aze hereby suspended for a period of three (3) days, commencing at 12:01 a.m. on , which is the third Wednesday following adoption of this Resolufion by the City Councii. FURTHER RESOLVED, that condifion # 6 on the license sha11 be amended to read as follows, and licensee shall have thirty days from the date of the adoption of this Resolution to come into compliance: "6. There shall be no weapons on the premises at any time and the Licensee shall observe the same restrictions regarding weapons as liquor establishments, as contained in pazagraph 409.06 �4 (o) of the Saint Paul Legislative Code. Without exception, all 1 2 3 4 5 6 patrons shail be required to pass through a�t,ati��i�;;;i��u �`_ /� � �u�a metal detector upon entering the premises." A copy of this Resolution, as adopted, shall be sent by first class mail to the Licensee and the Adruinistrative Law Judge. Requested by Department of: Adopted by Council: Date � a r j'� Adoption Certified by Council Secretary BY: ��_ �,-��,�� Approved by Mayor: Date ` By: By: Form Approved by City Attorney $y: cK �.� �,�� V Approved by Mayor for Submission to Council By: 97- ��h OEPIIRTI�ffNTIDFFiCER'AUNCIL DATE INITATED v V � v c,cy co,�� aPrn ii, i99 GREEN SHEE CONTACT PEAY.ON & PHONE INITIAUDATE INRIAIIDATE ODEPARTMENTDIRECTOR �qTYCOUNCIL Jerry Blakey, 2b6-8610 ASSIGN CITYATfORNEV CRYCLERK MUST BE ON COUNCIL AGENDA BY (�ATE) ROUnNG� � BUDGET DIREG?OR � FIN. 8 MGT. $ERVICES �IR. APLl� 23� 1997 Consent A enda ONDEF � MAVOR (OR ASSISTAN'f) � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIQNS FOR SIGNATUREJ ACTiON qEpUESTED: Finalizing City Council action taken on April 2, 1997, concerning adverse acuon against licenses held by Thanh Ngoc Nguyen, DBA Cafe Karaoke Do Thanh, 1275 University Avenue West. HECOMMEN�ATIONS: Approve (q) or Rejeet (R) pEHSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING CAMMISSION _ CIVIL SERVICE COMMISSION �� Hds this perSOn/Firm ever workBtl under a ContraCt for this tlepartment? _ CIB COMMIT7EE _ YES NO _ STAFF 2. Has this pereonttirm ever been a ciry employee? — YES NO _ DISTRIG7 COUFxi _ 3. Does this person/firm possess a skill not normally possessed by any current clry employe84 SUPPORTS WHICH COUNCIL O&IECrIVE7 YES NO Explain all yes answers on ssparate sheet antl attech to green sheet INITIA7ING PROBLEM. ISSUE, OPPpRTUN17Y (VJno, What, When. Where, Why): E �ElVEb ApR r i �9T I � RR �' g�AIfEY ADVANiAGES IF APPAOVED: DISADVANTAGES IF APPflOVED' �� .. .. ?.. � � r � I ('�1't"[h . ... 2al.C.l DISRDYANTAGES If NOT APPROVED. TOTALAMOUN70FTRANSACTION $ COS7/REVENUEBUOGETED(CIHCLEONE) YES NO FUNDIi1G SOURCE ACTIVITY NUMBER FINANqAL INFORN7ATION� (EXPLAIN) STATE OF MINNESOTA Q R` ```� OFFICE OF ADMINISTRATIVE HEARINGS � � , � 100 Washington Square, Suite 1700 100 Washingto� Avenue South Minneapolis, Minnesota 55401-2138 April 4, 1997 Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 RE: In re the Licenses ofi Thanh Ngoc Nguyen d/bia Cafe Karaoke Do Thanh, 1275 University Avenue West; OAH Docket No. 73-2111-10912-3 Dear Mr. Owusu: Enclosed and served upon you please find Administrative Law Judge Williams' Findings of Fact, Conclusions of Law and Recommendation in the above-entitled matter. Also enclosed is the official record. with the exception of the tape recording of ihe hearing, a copy of which will be sent to you under separate cover. Our file in this matter is now closed. Very truly yours, 1 t l�L'��7't �� Nancy M. Thomas �� Docket Clerk Telephone: 341-7615 NT Enc. Providing lmpartial Hearings for Government and Citizens An Equal Oppoku�ity Employer Administrative Law Section & AdministraUve Services (6'12) 341-76D0 � TDD No. (612) 34�-7346 � Fax No. (612) 349-2665 �'�- 4 STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL LaVon Regan, being first duly sworn, hereby deposes and says that on the 4th of ril, 1997, at the City of Minneapolis, county and state aforementioned, she served the attached Findin�s of Fact. Conclusions of Law and Recommendation of the Administrative Law Judge: Docket No. 73-2111-10912-3, by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Bou{evard St. Paul, MN 55102 � �-�.-�E �"� � � L. LaVon Regan Subscribed and sworn to before me this 4th day of Apri{, 1997. �-c-�-„�. � = C Notary Public . � r�• lOU1SE C. COOPER � - �' �� NOTARY PUBLIC -. ' p�y �wmn. Expfres.fan.3 s ��- `� • II�I�L � � : COUNTY OF HEI3NEPIN AFFIDAVIT OF SERVICE ) ) SS. ? Susan M. Williams, being duly sworn on oath, says that she served a copy of the attached Order upon the following persons by placing copies in first class mail on the following date: March 17, 1997 Ms. Virginia Palmer Assistant City Attomey 400 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Mr. Thanh Ngoc Nguyen Cafe Karaoke Do Thanh 1275 University Avenue West St. Paul, MN 55104 In re the Licenses of Thanh Ngoc Nguyen dlbla Cafe Karaoke Do Thanh 1275 University Avenue West OAH Docket No: 73-2111-10912-3 Subscribed and swarn to before me this <3 t �� day of �'VlARC'tf , 1997 �� Notary Public "� Signed Susan M. Williazns � LAVON REGAN � ''--��., NOTARYPUBUC 4�z'3 HENNEPIN COUPSTY � MYComm.FayiresJan.31.2000 9�-�� OAH Docket No. 73-2111-10912-3 OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF TI� CITY OF SAINT PAUL In re the Licenses of Thanh Ngoc Nguyen dlbla Cafe Kuaoke Do Thanh 1275 University Avenue West FINDINGS OF FACT CONCLUSIONS OF LAW AND RECOMNIENDATION The abov�entitled matter came on for hearing before Administrative Law Judge Susan M. Williams on February 13, 1997, at Room 1504, St. Paul City Hall Annt�, 25 W. 4th Street, St. Paul, MN 55102. The record in this matter closed on Febnxary 13, 1997 upon the close of testimony. Virginia D. Falmer, Assistant City Attorney, appeared on behalf of the Ciry of St. Paul Office of License, Inspections and Environmental Protection. Thanh Ngoc Nguyen, Cafe Karaoke Do Thanh, 1275 University Avenue West, Saint Paul, MN 55104, appeared without counsel. Also present were Nhu Dang, who assisted Mr, Nguyen and translated for him, and Peter Pangborn, Paralegal for the City of St. Pau1. This Report is a recommendation, not a final decision. The City Cauncil wiil make the final decision after review of the record, and may adopt, reject, or modify the Findings of Fact, Conclusions and Recommendations contained herein. Afrer receipt of the Findings, Conclusions and Recommendafions, the City Council shall provide the Licensee an opportunity to present oral or written azguments aileging error on the part of the Administrative Law Judge in the application of the law or interpretation of the facts, and to present argument related to the recommended adverse action_ Upon conclusion of thax hearing, and after considering the record, the Findings of Fact, Conclusions and Recommendation, together with such additional arguments presented at the hearing, the City Council shall determine what, if any, adverse action shall be taken, which action shall be by resolution. 9�- y� � STATEMENT OF ISSITES The issue in this matter is whether the Licensee, Thanh Ngoc Nguyen, complied with all the conditions of his license, specifically the requirement that all patrons of the establishment pass through a metal detector and, if not, what sanction, if any, is appropriate. Based upon all the proceedings herein, the Administrative Law 7udge makes the following: FINDINGS OF FACT 1. Thanh Ngoc Nguyen (hereinafter "Licensee") holds a license to do business for the Cafe Karaoke Do Thanh, located at 1275 University Ave. West, St. Paul, MN. The license is for a restaurant, cigarette sales and cabaret. The license was approved on May 22, 1996 and expires May 22, 1997. [E�chibit l.j The Licensee does not have a liquor license for the premises and no alcoholic beverages are served. 2. The Cafe Karaoke is located in a neighborhood which has experienced some previous difficuities with boisterous custo�ners and the use of weapons. As a result of neighborhood concerns, and after negotiations among the Licensee, his attorney, a neighborhood group and the police, certain conditions were imposed upon the license. These conditions were discussed with the Licensee and his counsel. 3. The following restrictions are made a part of the license: 1. There shall be no loitering outside, adjacent to the establishment, during hours of operation. 2. The establishment shall observe a 1:00 AM closing time, and all patrons shall be off the premises, and the adjacent outside area, by 1:30 AM. 3. The Licensee shall make sure that there are no minors present in the establishment in violation of St. Paul curfew restrictions. 4. The Licensee shall be responsible for removal of trash and debris in the outside adjacent area on a daily basis, and shall make sure that there is no accumulation of trash adjacent to the dumpster in the rear of the buiiding. 5. The license holder shall have trained security personnel on duty during all hours of operation. Off duty, uniformed St. Paul Police officers aze prefened to be used for security. Depending on the availability of St. 9'7� � � � Paul Police, Licensee will attempt to enlist off-duty police as security officer. Such support is usually available on weekends, but during the rest of the week is limited. 6. There shall be no weapons on the premises at any time and the Licensee shall observe same restrictions regarding weapons as liquor establishments, as contained in Paragraph 409.06M of the St. Paul Legislative Code. Without exception. all patrons shall be requued to pass throu�h a metal detector upon enterine the oremises. 7. No gang colors sha11 be allowed to be wom by patrons on the licensed premises. Signs shall be posted to this effect and the Licensee shall consult with St. Paul Police to deternune how to identify gang colors. 8. The Licensee shall post signs to instruct and encourage patrons to not park on the residential streets in the area and to refrain from parking in posted, restricted parking areas, and specifically the Champion Auto parking lot during Champion's noztnal operating hours (9 PM weekdays( 6 PM weekends). 9. L'acensee will use best efforts to comply with a11 the conditions listed above, with reasonable expectation that Licensee sha71 be held to the same compliance standards regarding loitering, parking, trash removal, appearance, etc. as other similar Ciass TII licensed businesses in the area. [E�iibit 2, emphasis added.] 4. In the summer of 1996, Robert Kessler, the Director of the Office of License, Inspections and Environsnental Protection, met with the Licensee and discussed with the Licensee the need to use a metal detector with every customer of the Cafe. The Licensee stated that a walk-thorough detector was too costly and that, until he could afford one, a hand-held unit would be used. There was no evidence that a metal detector was in use in the summer of 1996. 5. On October 11, 1996, at appro�mately 8:00 p.m., Robert Kessler met again with the Licensee at the Cafe Karaoke. There had been a recent incident in the neighborhood involving guns and Kessler wished to ensure that the Licensee was complying with the conditions of his license. The Licensee and Mr. Kessler discussed the use of a metal detector at the licensed location and the Licensee explained that a walk-through metal detector was too expensive. Mr. Kessier agreed that a hand-heid metai detector wouid be acceptabie. Licensee demonstrated a hand-heid metai detector which he stored beknnd a service counter in the rear ofthe premises. 6. On October 17, 1996, at approximately 11:30 p.m., Mr. Kessler returned to the area and watched the Cafe Karaoke from across the street. He observed seven or eight customers entering the door to the business without being searched with a metal detector. Because he was 9�-�� concerned that the conditions of the license were not being met, he directed City inspectors to make follow-up visits. 7. On October 18, 1996, Kristina Schweinler, a licensing inspector, watched the premises from outside and observed severai customers entering the premises without any appearance that they were being stopped at or near the entry and seuched with a metal detector. Ms. Schweinler erttered the licensed premises accompanied with an off-duty police officer. Neither Ms. Schweinler nor the police officer were checked at the door or inside the premises with a metal detector. The off-duty police officer was carrying a gun in a holster and Ms. Schweinler was carrying her badge and mace in her purse. 8. On November 8, 1996, Ms. Schweinler again visited the licensed premises and observed the door from outside. She observed several customers enter the Cafe without being checked by a metal detector. 9. Between November, 1946 and February, 1997, Ms. Schweinler briefly observed the premises on a number of occasions without entering the building. Qn none of these visits did Ms. Schweinler observe a walk-through or hand-heid metal detector being used at or neaz the entry to the Cafe. 10. The door to the Cafe is on University Ave. Inside the door is a red curtain, which blocks the view of the room inside. At the back of the room, appro�mately 50 to 60 feet from the sole customer entrance to the Cafe Kazaoke, is a service counter. The Licensee keeps his hand-heid metal detector behind the service counter. The Licensee usually operates his business alone. e does not ha�e any employees to staff the entrance and to use the metai detector at the door. The Licensee tries to search each customer after they have entered the Cafe and taken a seat. The Licensee then runs the metai detectar over the patrons and does a visual search of purses and bags. 11. On December 10, 1996, Virginia Palmer, Assistant City Attorney, notified the L'acensee of the alleged violation of his licensing conditions and explaining the Licensee's right to a hearing. [EYlubit 3.] 12. By Notice of Hearing dated 3anuary 14, 1997, the Licensee was notified of the date, time and location of the present hearing and the procedures to be followed. [E�ibit 4. ] 97°`f/� Based upon the foregoing Findings of Fact, the Administrauve Law 7udge makes the following: CONCLUSIONS 1. The St. Paul Ciry Council has provided appropriate notice to the Licensee of the allegations and the proposed actions. St. Paui Legislative Code, Section 310.05 (b). 2. The Licensee has appropriately requested a hearing on the issues. 3. The City Council may take adverse action when, imer alia, a licensee or applicant "has failed to comply with any condition set forth in the license, or set forth in the resolution granting or renewing the license." St. Paul Legislauve Code, Section 310.06 (5}. 4. The Licensee has failed to meet the conditions of his license by failing to require all patrons to pass through a metat detector upon enterin� the premises. Although he may require them to submit to a metal detector screening at their tables, this behavior does not meet the requirements of the license and does not suffice to protect the employees and other patrons from those who may be carrying weapons. 5. Insofar as any of the foregoing Findings of Fact are deemed to be Conclusions, they are adopted as such. 6. The above Conclusions are arrived at for the reasons set out in the memorandum which foliows and which is incorQorated into these Conciusions. Based upon the foregoing Findings of Fact, and Conclusions, the Administrative Law 7udge makes the following: RECOMNIENDATIQN IT IS RESPECTFULLY RECOMMENDED that the St. Paul Clty Council suspend the Licensee's license for a period of three days. Dated: March 17, 1997. _' �"�._.�� SUSAN MYKLEBYE WII.LIAMS Administrative Law 7udge Taped: No transcript prepared. 9�-�1i� MEMO1tANDUM The Licensee operates the Cafe Karaoke Do Thanh. The Cafe is a restaurant or ciub-style business in which coffee, so$ drinks and snacks are served. The Licensee holds a license as a restaurant, a cabaret, and to sell cigarettes. The basiness does not have a liquor license, Music is played for the customers and the words to the songs are projected on a screen to allow customers to sing along. The Licensee has no emplopees, atthough he sometimes is helped by a family member. He is open from approximately 4:30 p.m. to midnight or 1:00 a.m. every day and is present on the premises for most of the time it is open for business. The public part of the premises is one room, with tables in the center and booths alona the wails. At the far end of the room from the entry, appro�mately 50 to 60 feet from the door, is a service counter. At the time the Licensee obtained his license to operate the business, the neighborhood and the Ciry were concerned about prior incidents involving weapons and boisterous young people. To address the concerns, the Licensee, his attorney, a neighborhood group and the poiice met and negotiated various conditions to operating the business. The Licensee's license was made conditional upon various protections, including the use of a metal detector on any patrons entering the premises. The purpose of this condition was to prevent the congregation of peopie in Cafe who might be armed and present a danger to employees, other patrons and neighbors. The Licensee has investigated the cost of a walk-through metal detector and has discovered that a used metal detector would cost appro�mately $5,000.00. This cost is currently prohibit3ve based upon the nature and small income of the Licensee's business. 1VIr. Kessler, on behalf of the City, has agreed with the Licensee that a hand-held metai detector, used properly, would suffice to meet the condition of the license. The Licensee has purchased an operable hand-held detector which he keeps behind the counter in the Cafe. The Licensee understands the reasons for the requirement of using a metal detector on the patrons of his buslness and understands that the metal detector is a condition of his license. Because the Licensee has no employees, he runs the Cafe alone. He is unable to maintain a staff member at the door to the business and does not screen every patron with the metal detector as they enter. The Licensee states that he screens each customer after they are in the Cafe, at their seats or by the counter where the wand is kept, by running the metal detector over the people and g7-�1� searching their purses and bags. There is no dispute that the Licensee does not use the metal detector at the door to the business. The Licensee confirmed that he did not use the metal detector on Ms. Schweinler and the piain clothes police of6cer when they entered the Cafe on October 11, 1996. Ae states that he did not screen them because he knew they were inspectors and that he believed screening them was unnecessary. Although both Ms. Schweinler and Mr. Kessler observed the business on several occasions from outside and did not observe any metal detector use at the door, they were unable to see far enough inside the premises to see whether the metal detector was used inside by the pcounter or by the tables. However, even if the Licensee was using the metal detector at the tahles, such use would not provide the protection to employees and other patrons that the use of a metal detector at the door would provide. Screening near the tables, after patrons have entered and have taken their places at tables or in booths does not allow the Licensee to prohibit entry by armed or disruptive individuals. Because the Licensee has fa3led to meet an important condition of his License, by failing to properly screen entering individuals at the door, it is appropriate that a sanction be imposed. SM4V ��- yl� OFSICE OF ADMIISISTRATIVE HEARINGS FOR THE COUNCIL OB THE CITY OF SAINT PAUL In re the Licenses of Thanh Ngoc Nguyen dJb/a Cafe Karaoke Do Thanh 1275 Unive_sity Avenue West CITY'S PROPOSED EXHIB=TS February 13, 1997 TO: Judge Susan Williams, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City's proposed exhibits for the Administrative Aearing on Thursday, February 13, 1997. Exhibit No Exh. No. 1 Exh. No. 2 Exh. No. 3 Exh. No. 4 Description License information regarding Thanh Ngoc Nguyen d/bfa Cafe Karaoke Do Thanh (1 p.); License Restriction Screens regarding Thanh Ngoc Nguyen d/b/a Cafe Karaoke Do Thanh (4 pp.); Notice of Violation letter dated December 10, 1996, with Affidavit of Service (3 pp.}; Notice of Hearing letter dated January 14; 1997, with Affidavit of Service (4 pp.). �7 y/�o Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 St. Paul Legislative Code § 310.17 Respectfully submitted this 13th day of February, 1997. � �� Virgi a D. Palmer Assistant City Attorney Office of The City Attorney 400 City Ha11 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 9 �1 � �llp Lic ID ................... STAT ..................... Susiness Name............ Address.........•••...._. Zip .................••••- Doing Business As........ License Name ............. E�;p Date.........-•-•••.- Insurance Carrier.......: Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Sxp Date..... Telephone ................ 14116 RS TFiANH NGOC NGUYEN 1275 UNIVERSITY AVE W 55104 CAFE KAROAKE DO THANH RESTAURANT (C)-LIMITED CIGARETTE CABARET - CLASS A OS/22f97 PH NOTICES SSNT OUT 4/15/96 HEARING SET FOR 5/8/9 6 88 MAILED, 33 E-MAILED, 3 INTEROFFICE 5/8/96 APPN FOR NEW CABARET LAID OVER 5/22/96 APPN FOR NEW CABARET LIC APP'D CF #96-489 2638579 645-9231 Press 'C' to continue, 'P' to print, or `R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° � . In Re the Licenses of Thanh N goc Nguyen d/b/a Cafe Karaoke Do Thanh City's Exh. No. i RES2RICTIONS SCREEN LICENSE ID: 14116 DBA:CAE'E KAROAKE DO TAANH NOTE: 1:1. THERE SHALL BE NO LOITERING OUTSIDE, ADJACENT T 2:0 THE ESTABLISHMENT, DURING HOT3RS OF OPERATION. 3:2. THE ESTABLISHMENT SHALL OBSERVE A 1:00 AM 4:CLOSING TIME, AND ALL PATROI3S SHALL BB OFF THE 5:PREMISES, A13D THE ADJACENT OUTSIDE AREA, BY 1:30AM 6:3. THE LICENSEE SHALL MAKE SURE THAT THERE ARE NO 7:MINORS PRESENT IN THE ESTABLISHMENT IN VIOLATION 8:OF ST PAUL CURFEW RESTRICTIONS. 9:4. THE LICENSEE SHALL BE RE5PONSIBLE FOR REMOVAL lO:OF TRASH AND DEBRIS IN THE OUTSIDE ADJACENT AREA O 11:N A DAILY BASIS, AND SHALL MAKE SURE THAT TAERE IS 12: NO ACCUMUI,ATION OF TRASH ADJACEI3T TO THE DUMPSTER 13:IN THE REAR OF THE BUILDING. 14:5. TAE LICENSE HOLDSR SHALL HAVE TRAINED SECURITY 15:PERSONNEL ON DUTY DURING ALL HOURS OF OPERATION. �17� `� Date: Dec 5 . � In Re the Licenses of Thanh Ngoc Nguyen � dlbia Cafe Karaoke Do Thanh " Citv's Exh. No. 2 g7-y1� Date: Dec 5 RESTRICTIONS SCREEN LICENSE ID: 14116 DBA:CAFE KAROARE DO THANH NOTE:I6:OFF DUTY, UNIFORMED ST PAUI, POLICE OFFICERS ARE 17:PREFERRED TO BE USED FOR SECURITY. DEPENDING ON 18:THE AVAILABILITY OF ST PAUL POLICE, LICENSEE WILL 19:ATTEMPT TO ENLIST OFF-DUTY POLICE AS SECURITY 20:OFFICERS. SUCH SUPPORT IS USUALLY AVAILABLE ON 21:WEEKENDS, BUT DURSNG TfiE REST OF TIiE WEEK IS 22:LIMITED. 23:6. THERE SHALL BE NO WEAPONS ON THE PREMISES AT 24:ANY TIME AND THE LICENSEE SHALL OBSERVE THE SAME R 25:RESTRICTION5 REGARDII3G WEAPONS AS LIQUOR 26:ESTABLISHMENTS, AS CONTAINED IN PARAGRAPA 409.06M 27:OF THE ST PAUL LEGISLATIVE CODE. WITHOUT 28:EXCEPTION, ALL PATRONS SHALL BE REQUIRED TO PASS 29:THROUGH A METAL DETECTOR UPON ENTERING THE 30:PREMISES. g7-�fl� RESTRICTIONS SCREEN LICENSE III: 14116 DBA:CAFE RAROARE DO THANH NOTB:31:7. NO GANG COLORS SHALL BE ALLOWBD TO BE WORN BY T 32:PATRONS ON THE LICENSED PREMISES. SIGNS SHALL BE 33:POSTED TO THIS EFFECT AND THE LICENSEE SHALL 34:CONSULT WITH SAINT PAUL POLICE TO DETERMINE HOW TO 35:IDENTIFY GANG COLORS. 36:8. THE LICENSEE SHALL P03T SIGNS TO INSTRIICT AND C 37:ENCOURAGE PATRONS TO NOT PARK ON THE RESIDENTIAL 38:STREETS IN THE AREA ANp TO REFRAIN FROM PARKING IN 39:POSTED, RESTRICTED PARKIN6 AREA5, AND SPECIFICALLY 40:THE CHAMPION AUTO PARKING IAT IIURING CHAMPION'S 41:NORMAL OPERATING HOURS (9:PM WEEKDAYS/6:PM WEEKEND 42:5) 43:9. LICENSEE WILL USE BEST EFFORTS TO COMPLY WITH 44:ALL TIiE CONDITIONS LISTED ABOVE, WITH REASONABLE 45:EXPECTATION THAT LICENSEE SFIALL BE HELD TO TIiE Date: Dec 5 � �� 9 �- y�� RESTRICTIONS SCREEN LICENSE ID: 14116 DBA:CAFE KAROAKE DO THANH NOTE:46:SAME COMPLIANCE STANDARDS REGARDING LOITERING, 47:PARKING, TRASH REMOVAL, APPEARANCE, ETC. AS 48:OTAER SIMILAR CLASS III LICENSED BUSINESSES IN 49:THE AREA. 50: 51: ' 52: 53: 54: 55: 56: 57: 58: 59: b0: Date: Dec 5 CITY OF SAINT PAUL Norm Coleman, M¢yor March 19, 1997 OFFTCE OF THE CITY ATTORNEY Peg Bir14 City Attomey � 9 7-' ��- Civit Division 400 City Hall 7elephone: 672 166-8710 IS West Kel7ogg Blvd Facsimile: 611298-5619 SaintPaul, Minnesota 55102 AIOTICE QF CQUNCIL HEARING Mr. Thanh Ngoc Nguyen Cafe Karaoke Do Thank 1275 University Avenue West Saint Paul, Minnesota 55104 Re: Licenses held by Thanh Ngoc Nguyen d/b/a Ca£e Karaoke Do Thanh for the premises located at 1275 University Ave. West in St. Paul License ID No.: 14116 File I3umber:G96-0624 Dear Mr. Thanh Ngoc Nguyen: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned license has been scheduled for 4:30 p.m., Wednesday, April 2, 1997, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written argument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, � VG�C��L�u Q��V��l Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Robert Kessler, Director, Christine Rozek, LIEP Andy Schneider, Community 1564 Lafond Ave., St Council Secretary, 31� City Hall LIEP Organizer, Hamline Midway Coalition, . Paul, MN 55104 i OFFICf` F 1"HE CITY ATTORNEY Timorhy t C" At . nr; rry torney 9 �- yi� CITY OF SAIl�TT PAUL I�'arm Colemon, Mayo� December 10, 1996 Mr. Thanh Ngoc Nguyen Cafe Karaoke Do Thanh 1275 University Avenue West Saint Paul, Minnesota 55104 Civil Divrsion 400 Ciry HaU IS A'est Ketlogg BHd Saint Pau� M'�esom SSl D2 Telephone: 6)1266-8770 Facsimik, 611798-56I9 RE: All licenses held by Thanh Ngoc Nguyen d/bJa Cafe Karaoke Do Thanh for the property located at 1275 University Ave. W. License ID No.: 14116 Our File No.: G96-0624 Dear Mr. Thanh Ngoc Nguyen: I am in receipt of information that could lead to adverse action against your licenses. The basis for the advezse action is: One of the coadiCions of your license requires that all patroas shall be required to pass through a metal detector upon entering the premises. On October 11, 1996 the Director of the Office of Licenae, Inspections and Eavironmental Protection went to Cafe Itaraoke at approximately 9:00 p.m. to discuss a police report of a shooting ia which s�spects had indicated they had been at the Cafe earlier in the eveaing. Mr. Ressler talked to Mr. Thanh to stress the importaace of usiag a metal detector ia acaordance with the license condition. Mr. Thanh indicated that a walk- through metal detector was too expensive, and Mr. Ressler stated that a hand held device would be acceptable. Mr. Thanh then showed him one that was behind a counter in the rear of the premiaes. On October 17, 1996 at approximately 11:30 P•m., Mr. Kessler watched seven or eight customers enter the establisbment without anyone standing at the door to use the metal detector. � � In Re the Licenses of Thanh Ngoc Nguyen d/b/a Cafe Karaoke Do 1'hanh Citv's Exh. No. 3 - _. _ ��-�!� On October 18, 1996 Rristiaa Schweinler, a licensing iaspector, weat to the premises to eheck compliauce with the conditioas. She was with aa off-duty police officer who had a gun oa his persoa. Neither the officer aor Ms. Schweialer were checked at the door and Mr. Thaah again stated that he could not afford to comply with the cozlditioa. On November 8,�1996 'Ms. Schweinler observed the premises from next door and saw customers entering the Cafe without anyone using the hand held metal detector. If you don't dispute the facts highlighted above, this matter will be scheduled before the St. Pau1 City Council for a hearing to determine what penalty, if any, to impose. You will be allowed to speak on your behalf at that hearing. I will need a letter from you saying that you do not dispute the facts, to present this matter directly to the City Council. On the other hand, if you wish to dispute the above facts, 2 will schedule an evidentiary hearing before an Administrative Law Judge (ALJ). You will receive a"NOtice of Hearing," so you will know when and where to appear, and what the basis for the hearing will be. In either case, you should contact me within ten days from the date of this letter to let me know how you would like to proceed. Please call me or have your attorney call me at 266-8714. Very truly yours, �� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Andy Schneider, Community Organizer, Aamline Midway Coalition, 1564 Lafond Ave., St. Paul, MN 55104 , � �i �- vi� STATE OF MINNESOTA ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RP.MSEY ) JOPNNE G. CLEMENTS, being first duly sworn, deposes and says that on December 10, 1996, she served the attached LETTER on the � following named person by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Thanh Ngoc Nguyen Cafe Karaoke Do Thanh 1275 University Avenue West St. Paul, MN. 55104 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this lOth day of December, 1996. ", � �,� N t ubl •� ///��-''' �� KATHRYN J. McIAJGu' Ih� � NOTkRY PUBLIC - IrIN�JESO iA �5-� RAtJiSEY COUNTY tdy Comm, Expires Jan. 31, 2W0 � _ � , OFF3CE OF THE CITY ATTORNEY Timorhy E Mars, Cary Anome� ��`� f � /� f CITY OF SAINT PAUL Notm Coleman, Mayor G•il Divisian 400 Cuy Xal( IS West Rellogg Blvd Saint Pauy M'vmesom s5IO2 7'efephone: 612 266-8710 Faesimi(c 671198-5619 January 14, 1997 NOTICE OF HEARING Mr. Thanh Ngoc Nguyen Cafe Karaoke Do Thznh 1275 University Ave�ue West Saint Paul, Minnesota 55104 RE: Al1 licenses held by Th�nh Ngoc Nguyen d/b/a Cafe Karaoke Do Thanh for the property located at 1275 University Ave. W. License ID No.: 14116 Our File No.: G96-0624 Dear Mr. Thanh Ngoc Nguyen: Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above: Date: Thursday, Bebruary 13, 1997 Time: 9:30 a.m. Place: Room 1504 St. Paul City Hall Annex 25 W. 4th Street St. Paul, NIId. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Ninnesota Office of Administrative Hearings: Name: Susan Williams Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, NQ7. 55401 Telephone: 341-7615 The Council of the City of S?int Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Pa•11 Legislative Code. In the case of /0 . �� In Re the Licenses of Thanh Ngoc i�Tguyen — d!b/a Cafe Karaoke Do Thanh –' City's Exh. No. A �7-y/�p licenses for intoxicating and non-intoxicating liquor, authority is also conveyed by N,innesota Statutes section 340A.415. Adverse action may incluce revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licer_ses you hold at the above premises as follows: One of the conditions of your license requires that all patrons shall be required to pass through a metal detector upon entering the premises. Oa October 17, 1946 at approximately 11:30 p.m., seven or eight customers were observed entering the establishment without anyone checking them with a metal detector. On October 18, 1996 two persons entered the licensed establishment without being checked with a metal detector. On November 8, 1996 customers were observed entering the Cafe without being checked with a metal detector. You have the right to be re�resented by an attorney before and during the hearing or you c�n represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducte3 in accordance with the requirements of Minnesota Statutes sectiors 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the rscord. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of t'r_e proceeding; for example, the owners or occupants of property locG��d in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arg::ments may be made by the parties. Following the hearirg, the �•�dge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. Notice o� Hearing - Page 2 1?-�'J� You should bring to the hearing a11 documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that tnis matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stiaulation will be presented to the Administrative Law 3udge for incc� into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated eG=lier in this notice may be taken as true. If non-public data is received ?nto evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any ql:estions, you can call me at 266-8710. Very truly yours, / �� p .,j 3.:'L2LL o2 � �/ GY/'Y�P/� Virginia D. Palmer Assistant City Attorney cc: NanCy Anderson, Assistant Council Secretary, 31.0 City Hall Robert Kessler, Director, LIEP Christine Roz=k, LIEP Nancy Thomas, Office of Administrative Hearings, 100 Washingtoa Square, Suite 1700, Mpls, MN 55401 Andy Schneider, Community Organizer, Hamline Midway Coalition, 1564 Lafond Ave., St. Paul, MN 55104 Notice of Hearing - Page 3_ l7-Lll�p STATE OF MINNESOTA ) SS. ARSIIIAVIT OF SERVICE BY MAIL COUNTY OF RAI�SEY JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on January 14, 1997, she served the attached NOTICE OF AEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Thanh Ngoc Nguyen Cafe Karaoke Do Thanh 127� University Avenue West St. Paul, MN. 55104 (which is the last known addresses of said person) and depositing the same, with postage prepaid, in the Unix �d States mails at St. Paul, MinnesoCa. � \ ^ , Subscribed and sworn to before me this 14th day of January, 1997. �� /i� /� � . . � ' RtTA M. BOSSARD � NOTA4IY PUBUC MIRNeSOTA ppM$EY COUNTY �0y Cortm;, Exq,es,sea+. at zo� � 9�-��4� § 310-15 LEGISL.4TIVE CODE definition in section 310.01, shall for the purpose of this section include the individual partners or members of any partnership or corporation, and as to corporations, the officers, agents or mem- bers thereof, who shall be responsible for the violation. (Code 1956, § 510.15) Sec. 310.16. Reserved. Editor's note-Section 330.16, pertaiaing to license fees and annual increases, aad derived from Ord. No. 16885, adopted Feb. 11, 1982; Ord. \o. 17059, adopted Oct. 20, 1983; and Ord. No. 17303, adopted Oct. 29, 1985, was repealed by Ord. No. 17884, § 1, adopted Vov 19, 1991. Sec. 310.17. Licensee's responsibility. Any act or conduct by any clerk, employee, manager or agent of a licensee, or by any person providing entertauiment or working for or on behalf of a licensee, whether compensated or not, which act or conduct takes place either on the licensed premises or in any pazking lot or other area adjacent to (or under the lease or control ofl the licensed premises, and which act or conduct violates any state or federal statutes or regula- tions, or any city ordinance, shall be eonsidered to be and treated as the act or conduct of the licensee for the purpose of adverse action against all or any of the licenses held by such licensee. To the sxtent this section is in confiict with sections 409.14 and 410.09 of the Legislative Code, this section shall be controlling and prevail; but shail not otherwise amend, alter or affect such seetions. (Ord. No. 17629, § 1, 1-31-89) Sec. 310.18. License fee schedule. Notwithstanding the provision of any other ordinance or law to the contrary, the following fees aze hereby provided for all the licenses listed herein. These fees supersede all inconsistent pro- visions, including, but not limited to, graduated fee provisions, in these chapters and in other ordinances and laws, and include the fee for the license application as part of the license fee; provided, however, that this section does not amend or modify sections 310.09(a) or 310.09(d) of the Legislative Code with respect to exempt orga- nizations or late fees. Pursuant to section 310.09(6) of the Legislative Code, these schedules shall be posted in the office of the director of the office o£ license, inspections and environmental protec- tion. These fees shall be effective for license renewals and new license applications occurring on and after January 1, 1995, or on the effective date of this section, whichever is later; provided, however, that with respect to all licenses whose renewal dates occur after the effective date of this new schedule, there shall be no increases in, nor offsets or refunds of, the existing fees paid, or due and owing. (a) ENFORCEMENT LEVEL 1 Ch¢pter/Section No. License Description Fee 167 Commemial Uehicle $66.00 198.04 Keeping of animals (Exotic Pets) 66.00 316 Animal Foods Maaagement & Dis- tribntion 66.00 317 Amusement Rides 66.00 323 Christmas Tree Sales 66.00 325 Close Out Sale 66.00 327 Dry Cleaning Pickup Station 66,00 332 Liquid Fuei Vehicte 66.00 333 $olid Fuel Vehicle 66.00 336 private Fuel Pump 66.00 340 Mercantile Bzokez 66.00 3Q5 Peddler (SoliciWrlhansient) 66.00 348 Re¢tal ot Cluthiag & Vehicle 66.00 349 Rental of Clothes Attire Vehicle 66.00 350.02 Rental of Hospita7 Equipment 66.00 350.02 RentalofHospitalEquipmentYe- hicle 66.00 351 Rental of 2iitchenwaze 66.00 353 Roller Rinks 66,OQ 355.01 Secoadhand Dealer (a) & (b) Siagle Location 66.00 357.03 Refuse Hauler-Each Vehicle Ovez One 66.00 359 Sound 2rucks & Broadcast Vehi- cles 66.00 371 Finishing Shop 66.00 361.14 1bw 7}ucklWrecker Vehicle 66.00 362 1Yee 7Yimmer-Additional Vehicle 66.00 372 15re Recapping Plant 66.00 376.16fd) Taxicab Driver (new) 66.00 377 Lawn Fertilizer & Pesticide Ap- plication 66.00 360 Tanning Facility 66.00 382 Pet Grooming 66.00 409.11 Outdoor Change in Service Area 66.00 412 :4Iassage Centez (Class B) 66.D0 414 Massage Therapist 66.00 424.02 Gasoline Filling Stations 66.00 Supp.No.33 2036 �7-yi� f (b) Cl¢ss 77 licenses. Where an application for the grant, issuance or renewal of a Ciass II license meets all the requirements of law, and there exists no ground for denial, revocation oz suspen- sion of, or the imposition of conditions upon, such license, the director shall grant, issue or renew said license in accordance with the application. (c) CZ¢ss Z and Cl¢ss II Zicenses, if denied by director. In the event the director, in the case of both Class I and Class II licenses, determines that the application for grant, issuance or re- newal of the license does not meet all the require- ments of law or that there ezcist gcounds for denial, revocation, suspension or other adverse action against the license or the licensee, the director shall recommend denial of the applica- tion and follow the procedures for norice and hearing as set forth in section 310.05. (d) Cl¢ss ZII ticenses. (1) Grant, issuance or tr¢nsfer. Upon receipt of a fully compieted application and required fees for a Class III license, and after the investigation required, the director shall notify the council. A public hearing shall be held on the grant or issuance of all Class III licenses. In any case where the director recommends denial of the grant, issuance or renewal of a Class III license, or where the council believes that there is evidence which might result in action adverse to the origina] or renewal application, the direc- tor on his or her own initiative, or at the direction of the council, shall follow the pmcedures for notice and hearing as set forth in section 310.05. Where the applica- tion for the grant, issuance or renewal of a Ciass IIT license meets all the require- ments of law, and where there e�sts no ground for adverse action, the council shall by resolution direct that the director issue such license in accordance with law. (2) Renewal. The director shail 3n writing no- tify the council, and the affected neighbor- hood organization(s) established for citizen participation purposes, at least siYty (60) days before the expiration date of all Class III licenses. A public hearing on the re- newal of any such license shall not be held Supp. No. 33 LICENSES § 310.05 except on the request of a councilmember, which request shall be incorporated in the farm of a council resolution. Upon the pas- sage of such resolution, the director shall give written notice of such hearing to the afFected neighborhood organizations. Such public hearing does not replace or amend any of the procedures set forth in section 310.05 of the Legislative Code. If no re- quest for a public hearing is made before the expiration of any such license, and where there exists no ground for adverse action, the director shall issue the license in accordance with law. (e) Appe¢l; Class I or Cl¢ss II licenses. An appeal to the city council may be taken by any person aggrieved by the grant, issuance oz re- newal of a Class I or Class II license; provided, however, that the appeal shall have been filed with the city clerk within thirty (30) days after the action by the director. The only grounds for appeal shall be that there has been an error of law in the grant, issuance or renewal of the license. The appeal shall be in writing and shall set forth in particular the alleged errors of law. Ttie council shall conduct a hearing on the appeal within thirty (30) days of the date of filing and shall notify the licensee and the appellant at least ten (10) days prior to the hearing date. The proce- dures set forth in section 310.05, insofar as is practicable, shall apply to this hearing. Following the hearing, the council may affirm or remand the matter to the inspector or director, or may reverse or place conditions upon the license based on the council's determination that the decision was based on an error of law. The filing of an appeal shall not stay the issuance of the iicense. (fl No w¢iver by renew¢l. The renewal of any license, whether Class I, II or III, shall not be deemed to be a waiver of any past violations or of any grounds for imposition oF adverse action against such license. (Code 1956, § 510.04; Ord. No. 17455, § i, 5-21-87; Ord. No. 17551, § 1, 4-19-88; C.F. No. 94-500, § 1, 7-6-94; C.F. No. 95-473, § 3, 5-31-95; C.F. No. 9a-1517, 1-31-96) Sec. 310.05. Hearing procedures. (a) Aduerse action; notice ¢nd hearing require- ments. In any case where the council may or 2027 9 �--y/� § 310.05 LEGISLSTIVE CODE intends to consider any adverse action,including the revocation or suspension of a license, the imposition of conditions upon a license, or the denial of an appHcation for the grant, issuance or renewal of a license, or the disapproval of a license issued by the State of 1Vlinnesota, the appficant or licensee shall be given notice and an opportunity to be heard as provided herein. The council may consider such adverse actions when recommended by the inspector, by the director, by the director of any executive department estab- lished pursuant to Chapter 9 of the Charter, by the city attomey or on its own initiative. (b) Notice. In each such case where adverse action is or will be considered by the council, the applicant or licensee shall have been notified in cvriting that adverse action may be t�en against the license or application, and that he or she is entitled to a hearing before action is tal;en by the council. The notice shall be served or mailed a reasonable time before the hearing date, and _ shall state the place, date and time of the hearine. �'S The notice shall state the issues involved or ' grounds upon which the adverse action may be sought or based, The council may request that sueh written notice be prepazed and served or mailed by the inspector or by the city attorney. (c) He¢ring. Where there is no dispute as to the facts underlying the violation or as to the facts establishing mitigating or aggravating circum- stances, the hearing shall be held before the council. Otherwise the hearing shall be conducted before a hearing esaminer appointed by the coun- eil or retained by contract with the city for that purpose. The applicant or the licensee shall be provided an opportunity to present evidence and azgument as well as meet adverse testimony nr evidence by reasonable cross-eaamination and rebuttal evidence. The hearing eaaniiner may in its discretion permit otherinterested persons the opporiunity to present testunony or ec�idence or otherwise participate in such hearing. (o-l) Procedure; hearing ex¢miner. The hearing examiner shall hear all evidence as may be pre- sented on behalf of the city and the applicant or lieensee, and shall present to the council written Findings of fact and conclusions of law, together with a recommendation for adverse action. The councii shall considet the evidence con- tained in the record, the hearing eaaminer's rec- ommended findings of fact and conclusions, and shall not consider any factual tzstimony not pre- viousiy submitted to and considered by the hear- ing e%aminer. After receipt of the hearing examiner's findings, conciusions, and recommen- dations, the council shall provide the applicant or licensee an oppoxtunity to present oral or caritten arguments alleging error on the part of the exam- iner in the application of the law or interpretation of the facts, and to present azgument related to the recommended adverse action. Upon conclu- sion of that hearing, and after considering the record, the examiner's findings and recommenda- tions, together with such additional arguments presented at the hearing, the council shall deter mine what, if any, adverse action shall be taken, which action shall be by resolution. The council may accept, reject or modify the findings, conclu- sions and recommendations of the hearing exam- iner. (c-2) Ex parte contacts. If a license matter has been scheduled for an adverse hearing, councii members shall not discuss the license matter with each other or with any of the parties or interested persons involved in the matter unless such dis- cussion occurs on the record during the hearings of the matter or during the council's final deliber- ations of the matter. No interested person shall, with knowledge that a license matter has been scheduled for adverse hearing, convey or attempt to convey, orally or in writing, any information, argument or opinion about the matter, or any issue in the matter, to a council member or his or her staff until the council has taken finai action on the matter; provided, however, that nothing herein shall prevent an inquiry or communica- tions regazding status, scheduling or procedures conceming a license matter. An interested person, for the purpose of this paragraph, shall mean and include a person who is an officer or employee of the licensee which is the subject of the scheduled adverse hearing, or a person who has a financial interest in such licensee. (d) Licensee or applic¢nt m¢y be represented. The licensee or applicant may represent himself or choose to be represented by another. �:\`;: J� Supp. No. 33 2�2$ 97-yi� LICEA*SES (e) F.ecord; evidence. The hearing examiner shall receive and keep a record of such proceedings, including testimony and e�ibits, and shall re- ceive and give weight to e��idence, including heaz- say evidence, which possesses probative ralue com- monly accepted by reasonable and prudent persons in the conduct of their affairs. (t) Council action, resolution to contain find- ings. Where the council takes adverse action with respect to a license, licensee or applicant for a license, the resolution by k•hich such action is tak- en sha11 contain its findings and deter�ination, including the imposition of conditions, if any. The council may adopt all or part of the findings, con- clusions and recommendations of the hearing ex- aminer, and incorporate the same in its resolution taking the adverse action. (g) Additional procedures where required. Where the provisions of any statute or ordinance require additional notice or hearing procedures, such pro- visions shall be complied with and shall super- sede inconsistent provisions of these chapters. This shall include, without limitation by reason of this specific reference, Minnesota Statutes, Chapter 364 and Minnesota Statutes, Section 340A.415. (h) Discretion to hear notwithst¢nding with- dr¢w¢Z or surrender of applicatian or ticense. The council may, at its discretion, conduct a hearing or direct that a hearing be held regarding revocation or denial of a license, notwithstanding that the applicant or licensee has attempted or purported to withdraw or surrender said license or applica- tion, if the attempted withdrawal or surrender took piace after the applicant or licensee had been notified of the hearing and potential adverse aa tion. (i) Contirzuances. Where a hearing for the pur- pose of considering revocation or suspension of a license or other disciplinary action invoh-ing a li- cense has been scheduled before the council, a continuation of the hearing may be granted by the council president or by the council at the request of the licensee, license applicant, an interested person or an attomey representing the foreaoing, upon a showing of good cauce 6y the party making the request. § 310.05 (j) ff the council imposes an adverse action as defined in section 310.01 above, a generic notice of such action shall be prepared by the lieense in- spector and posted by the licensee so as to be vis- ible to the public during the effective period of the adverse action. The licensee shall be responsible for taking reasonable stc�s to make sure the no- tice remains posted on the front door of the li- censed premises, and failure to take such reason- able precautions may be grounds for further adverse action. (k) Imposition of costs. The council may impose upon any licensee or license applicant some or aIl of the costs of a contested hearing before an inde- pendent hearing examiner. The costs of a contest- ed hearing include, but aze not iimited to, the cost of the administrative law judge or independent hearing examiner, stenographic and recording costs, copying costs, city staff and attorney time for which adequate records have been kept, rental of rooms and equipment necessary for the hear- ing, and the cost of expert witnesses. The council may impose ali or part of such costs in any given case if (i) the position, claim or defense of the licensee or applicant was frivolous, azbitrary or capricious, made in bad faith, or made for the pur- pose of delay or hazassment; (ii) the nature of the violation was serious, or involved violence or the threat of violence by the licensee or employees thereof, or involved the sale of drugs by the lic- ensee or employees thereof, andJor the circum- stances under which the violation occurred were aggravated and serious; (iii) the vialation created a serious danger to the public health, safety or welfare; (iv) the violation involved unreasonable risk of harm to wlnerable persons, or to persons for whose safety the licensee or applicant is or was responsible; (v) the applicant or licensee was sufficiently in control of the situation and there- fore could have reasonably avoided the violation, such as but not limited to, the nonpayment of a required fee or the failure to renew required in- surance policies; (vi) the violation is covered by the matrix in section 409.26 of the I,egislative Code; or (vii) the violation involved the sale of cigarettes to a minor. (1) Imposition of firzes. The council may impose a fine upon any licensee or license applicant as an adverse license action. A fine may be in such Supp. No. 3a `LO`L9 § 310.05 9 7-�ltP LEGISL�TIVE CODE amount as the councii deems reasonable and ap- propriate, having in mind the regulatory and en- forcement purposes embodied in the particulaz li- censing ordinance. A fine may be in addition to or in lieu of other adverse action in the sole discre- tion of the council. To the extent any other pm�z- sion of the Legislative Code pro�zdes for the im- position of a fine, both provisions shall be read together to the extent possible; provided, howev- er, that in the case of any conflict or inconsistency, the other provision shall be controlling. (Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-58; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. Z�'o. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. ?�TO. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94; C.F. No. 94-1340, § 2, 10-19-94; C.F. No. 95-473, § 4, 5-31-95) Sec. 310.06. Revocation; suspension; adverse actions; imposition of condi- tions. (a) Council may t¢ke ¢dverse ¢ction. The coun- cil is authorized to take adverse action, as defined in section 310.01 above, against any or all licenses or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse ac- tions against entertainment licenses issued under Chapter 411 of the Legislative Code may be initf- ated for the reasons set forth in subsection (b) below, or upon any lawful grounds which aze com- municated to the license holder in writing prior to the hearing before the council. Such acfions shall be initiated and carried out in accordance with the procedures outline in section 310.05; provid- ed, however, that the formal notice ofhearing shall be used to initiate the adverse action without the use of prior procedural steps. (b) Basis for action. Such adverse action may be based on one (1) or more of the following rea- sons, which are in addition to any other reason specifically provided by law or in these chapters: (1) The license or permit was procured by mis- representation of material facts, fraud, de- ceit or bad faith. t2) The applicant or one (1) acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application. (3) The license was issued in violation of any of the provisions of the Zoning Code, or the premises which are licensed or which aze to be licensed do not comply with applicable health, housing, fire, zoning and building codes and regulations. (4) The license or permit was issued in viola- tion of law, without authority, or under a material mistake of fact. (�) The licensee or applicant has failed to com- ply with any condition set forth in the li- cense, or set forth in the resolution grant- ing or renewing the license. (6) a. The licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee or applicant) has violated, or performed any act which is a violation of, any of the provisions of these chapters oz of any statute, ordi- nance or regulation reasonably related to the licensed activity, regardless of whether criminal chazges have or have not been broughtin connection there- with; b. The licensee or applicant has been con- victed of a crime that may disqualify said applicant from hoiding the license in question under the standazds and procedures in ?vlinnesota Statutes Chapter 364; or c. The licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee 6r applicant) has engaged in or permitted a pattern or practice of conduct of failure to comply with laws reasona6ly related to the li- censed activity or from which an infer- ence of lack of fitness or good character may be drawn. (7) T'he activities ofthe licensee in the licensed activity created or have created a serious danger to the public health, safety or wel- faze, or the licensee performs or has per- formed his or her work or activity in an unsafe manner. (8) The ticensed business, or the way in which such business is operated, maintains or per- ��d �i Supp. No. 30 2030 § 310.05 q 7-�//fp LEGISL9TIVE CODE amount as the council deems reasonable and ap- propriate, having in mind the regulatory and en- forcement purposes embodied in the particulaz li- censing ordinance. A fine may be in addition to or in lieu of other adverse action in the sole discre- tion of the council. Tb the extent any other provi- sion of the Legislative Code proczdes for the im- position of a�fine, both provisions shall be read together to the eatent possible; prorided, howev- er, that in the case of any conflict or inconsistency, the other provision shall be controlling. (Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.E ?�TO. 94-46, § 7, 2-2-94; C.F. No. 94-898, y�§ 2, 3, 7-13-94; G.F. No. 941340, § 2, 10-19-94; C.F. \o. 95-473, § 4, 5-31-95) Sec. 310.06. Revocation; suspension; adverse actions; imposition of condi- tions. (a) Council may take adverse ¢ction. The coun- cil is authorized to take adverse action, as defined in section 310.01 above, against any or all licenses or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse ac- tions against entertainment licenses issued under Chapter 411 of the Legislative Code may be initi- ated for the reasons set forth in subsection (b) below, or upon any lawfut grounds which are com- municated to the license holder in writing prior to the hearing before the council. Such actions shall be initiated and carried out in accordance K�ith the procedures outline in section 310.05; provid- ed, however, that the formal notice of hearing shall be used to initiate the adverse action svithout the use of prior procedural steps. (b) Basis for action. Such adverse action may be based on one (1) or more of the fol]owing rea- sons, which are in addition to any other reason specifically provided by law or in these chapters: (1) The license or permit was procured by mis- representation of material facts, fraud, de- ceit or bad faith. (2) The applicant or one (1) acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application. (3) The license was issued in violation of any of the provisions of the Zoning Code, or the premises which aze licensed or which are to be licensed do not comply with applicable health, housing, fire, zoning and building codes and regulations. (4) The license or permit was issaed in viola- tion of law, without authority, or under a material mistake of fact. (�? The licensee or applicant has failed to com- ply with any condition set forth in the li- cense, or set forth in the resolution grant- ing or renewing the license. (6) a. The licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee or applicant) has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordi- nance or regulation reasonably related to the licensed activity, regardless of whether criminal charges have or have not been brought in connection there- with; b. T'he licensee or applicant has been con- victed of a crime that may disqualify said applicant from holding the license in question under the standazds and procedures in Minnesota Statutes Chapter 364; or c. The licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee or applicant) has engaged in or permitted a pattem or practice of conduct of failure to comply with laws reasona6ly related to the li- censed activity or from which an infer- ence of lack of fitness or good character may be drawn. (7) The activities of the licensee in the licensed activity created or have created a serious danger to the public health, safety or wel- fare, or the licensee performs or has per- formed his or her work or activity in an unsafe manner. (8) The licensed business, or the way in which such business is operated, maintains or per- Supp. No. 30 2�30 ��-�� LICENSES mits conditions that unreasonably annoy, injure or endanger the safety, health, mor- als, comfort or repose of any considerable number of inembers of the public. (9} Failure to keep side�alks or pedestrian ways reasonably free of snow and ice as required under Chapter 114 of the Saint Paul Leg- islative Code. (10) (11) The licensee or applicant has sho�rn 6y past misconduct or unfair acts or dealings: phys- ical abuse, assaults or violent actions done to others, including, but not limited to, ac- tions meeting the definition of criminal sex- ual conduct pursuant to 114innesota Stat- utes Sections 6Q9.342 through 609.3451; sexual a6use, physical abuse or maltreat- ment of a child as defined in ?vlinnesota Stat- utes 3ection 626.556, subdivisions 2 and 16e, including, 6ut not limited to, acts �hich con- stiLute a violation of ?vSinnesota Statutes Sec- tions 609.02, subdivision 10; 609.321 through 609.3451; or 617246; neglect or en- dangerment of a child as defrned in 1VIinne- sota Statutes Section 626.557, subdivision 2; the manufacture, distribution, sale, gift, delivery, transportation, exehange or baz- ter of a controlled substance as defined in Minnesota Statutes Chapter 152; the pos- session of a controlled substance as defined in Minnesota Statutes Chapter 152 in such quantities or under circumstances giving rise to a reasonable inference that the pos- session was for the purpose of sale or dis- tribution to others; or by the abuse of alco- hol or other drugs, that such licensee or applicant is not a person of the good moral chazacter or fitness required to engage in a licensed activit}; business or profession. The licensee or applicant has materially changed or permitted a material change in the design, constructaon or configuration of the licensed premises without the prior ap- proval of the city council in the case of Class III licenses, the director in the case of Ciass II licenses, and the inspector in the case of Class I licenses, or without first haeing ob- tained the proper building permits from the city, Supp. No.30 2031 § 31Q.06 (12) The licensee or applicant has violated sec- tion 294.01 of the Legislative Code, or has made or attempted to make a prohibited ex parte contact with a council member as pro- vided in section 310.05(c-2) of the Legisla- tive Code. The terms `�icensee" or "applican�' for the pur- pose of this section shall mean and include any person who has any interest, whether as a holder of more than five (5) percent of the stock of a cor- poration, as a partner, or otherwise, in the prem- ises or in the business or activity which are li- censed or proposed to be licensed. With respect to any license for activities entitled to the protection of the F�rst Amendment, notcvith- standing the foregoing provisions, neither the lack of good moral character or fitness of the licensee or applicant nor the content of the protected speech or matter shall be the basis for adverse action against the license or application. (c) Imposition of re¢son¢ble conditions ¢nd/or restrictions. When a reasonable basis is found to impose reasonable conditions and/or restrictions upon a license issued or held under these chap- ters, any one (1) or more such reasonable condi- tions and/or restrictions may be imposed upon such license for the purpose ofpromoting public heaIth, safety and welfare, of advancing the public peace and the elimination of conditions or actions that constitute a nuisance or a detriment to the peace- ful enjoyment of urban life, or promoting security and safety in nearby neighborhoods. Such reason- able conditions and/or restrictions may include or pertain to, but are not limited to: (1) A limitation on the hours of operation of the licensed business or establishment, or on particulaz types of activities conducted in or on said business or establishment; (2) A limitation or restriction as to the location within the licensed business or establish- ment whose [sic] particular type of activi- ties may be conducted; (3) A limitation as to the means of ingress or egress from the licensed establishment or its parkiixg lot or immediately adjacent area; (4) A requirement to provide off-street patking in excess of other requirements of law; �1'7-�/l� § 310.06 LEGISL9TIVE CODE (5) A limitation on the manner and means of advertising the operation or merchandise of the licensed establishment; (6) Any other reasonable condition or restric- tion limiting the operation of rhe licensed business or establishment to ensure that the business or establishment will harmo- nize with the character of the azea in which it is located, or to prevent the development or continuation of a nuisance. The inspector mayimpose such conditions on Class I licenses cvith the consent of the license holder, or may recommend the imposition of such conditions as an adverse action against the license or licens- es; the inspector has the same po.�er kith respect to Class II licenses. The council may impose such conditions on Class III licenses with the consent of the license holder, or upon any class of license as an adverse action against the license or licens- es following notice and hearing as nay be re- quired. Such conditions may be imposed on a li- cense or licenses upon issuance or renewal thereof, or upon and as part of any adverse action against a license or licenses,including suspension. Con- ditions imposed on a license or licenses shall re- main on such licenses when renewed and shall continue thereafter untii removed by the council in the case of conditions on Class III licenses or conditions imposed by adverse action, and by the inspector in the case of Class I and II licenses. (d) Standards for muZtiple Zicense determina- tion. In any case in which the council is autho- rized to take adverse action against less than all of the licenses held by a licensee, or applied for by an applicant, the following standazds may be used: (1} The nature and gravity ofthe grovnds found by the council to exist upon which the ad- verse action would be based; (2) The policy and/or regulatory goals for the particular licenses involved, either as em- bodied in the Legislative Code or as found and detemrined by the council; (3) The interrelationship of the licenses and their relative importance to the overatl busi- ness enterprise ofthe licensee or applicant; (4? The management practices of the licensee oz applicant with respect to each of such licenses; (�) The extentto which adverse action against less than all of the licenses or applications would result in ciifficulty in enf'arcing and monitoring the adverse action taken; (6) The hazdship to the licensee or applicant that would be caused by applying adverse action�to all licenses or applications; and (7) The hardship andlor danger to the public, or to the public health and welfare, that would result from adverse action against less than all of the licenses or applications. (Code 1956, § 510.06; Ord. No. 17584, § 1, 8-25-88; Ord. No. 27657, § 15, 6-8-89; Ord. No. 17659, § 2, 6-13-89; Ord. No. 17901, §§ 2, 3, 1-14-92; Ord. No. 17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1, 428- 92; C.F. No. 94500, § 3, 7-6-94; C.F. No. 94-1340, § 3, 10-19-94; C.F. No. 95-473, § 5, 5-31-95) Sec. 310.07. Termination of licenses; surety bonds; insurance contracts. (a) Autom¢tic termin¢tion, reinst¢tement; re- sponsibility of Zicensee. All licenses or permits which must, by the provisions of these chapters or other ordinances or laws, be accompanied by the filing and maintenance of insurance policies, deposits, guazantees, bonds or certifications shall automat- ically terminate on cancellation or withdrawal of said poliaes, deposits, bonds or certifications. No licensee may continue to operate or perform the licensed activity after such termination. The lic- ensee is liable and responsible for the filing and maintenance of such policies, deposits, guazan- tees, bonds or certifications as aze required in these chapters, and shall not be entitled to assert the acts or omissions of agents, brokers, employees, attorneys or any other persons as a defense or justification for failure to comply with such filing and maintenance requirements. In the event the licensee reinstates and files such policies, depos- its, bonds or certifications within thirty i30) days, the license is automatically reinstated on the same terms and conditions, and for the same period as originally issued. After thirty (30) days, the appli- cant must reapply for a renewal of his license as though it were an original appiication. (b? Borzds ¢nd insurance requirements: (1) Surety Companies: All surety bonds run- ning to the City of Saint Paul shall be writ- :`�! Supp. No. 3D 2032 ` OFFICE OF THE CITY ATTORNEY ' TuwUry E Marx, Gry Aftorne�+ 4 7- �/%!p CITY OF SAINT PAUL Norm Caleman, Mayar , .. �nN�;on ... . , _ ' ' 40B � Hall Telephnne: 672166-87I0 IS Wert,��logg Bivd Facsimilc 612 298-5679 G�'' 1 .` � ; � �S�l'afi��Mbmesota 55102 ;, ,�. ��-i�:.'.^+ - tlLr..11 January 14, 1997 NOTICE OF HEARING Mr. Thanh Ngoc Nguyen Cafe Karaoke Do Thanh 1275 University Avenue West Saint Paul, Minnesota 55104 RE: All licenses held by Thanh Ngoc Nguyen d/b/a Cafe Karaoke Do Thanh for the property located at 1275 University Ave. W. License ID No.: 14116 Our File No.: G96-0624 Dear Mr. Thanh Ngoc Nguyen:_ Please,take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above: Date: Thursday, February 13, 1997 Time: 9:30 a.m. Place: Room 1504 St. Paul City Hall Annex 25 W. 4th Street St. Paul, NIIQ. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Susan Williams Office of Administrative Hearings 100 Washington Square, Suite 1700 Minaeapolis, MN. 554Q1 Telephone: 341-7615 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of 9 �-�/� licenses for intoxicating and non-intoxicating liquor, authority is also conveyed by Minnesota Statutes section 34�A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: One of the conditions of your license requires that all patrons shall be required to pass through a metal detector upon entering the premises. On October 17, 1996 at approximately 11:30 p.m., seven or <ight customers were abser�ed entering E.he estabiishment without anyone checking them with a metal detector. On October 18, 1996 two persons entered the licensed establishmeat without being checked with a metal detector. On November 8, 1996 customers were observed entering the Cafe without being checked with a metal detector. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evi3ance, each of whocn th2 licensee or att�rney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owner.s or occupants o£ property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the 3udge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. Notice of Hearing - Page 2 �1 `7-y/ � You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation £or Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have beer, s�ated earlier in this notice may be taken as true. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. I£ you have any questions, you can call me at 266-5710. Very truly yours, i �h � 22LG�'� l J '��'W� Virginia D. Palmer Assistant City Attorney co: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Nancy Thomas, Office of Administrative Hearings, lOC Washington Square, Suite 1700, Mpls, MN 55401 Andy Schneider, Community Organizer, Hamline Midway Coalition, 1564 Lafond Ave., St. Paul, MN 55104 Notice of Hearing - Page 3 April4, 1997 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, SuRe 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Re: Cafe Karaoke OAH Docket No. 73-2111-10912-3 Dear Mr. Owusu: � �- �I� Enclosed is a copy of the tape from the hearing held on February 13, 1997, in the above-referenced matter. The record was returned to you on April 4. Sincerefy, . r �� f . j ��i�� SANDRA A. HAVEN Administrator of Office Services sh Enc. Telephone: 612/341-7642 Providing Impartial Hearings for Government and Citizens An Equal Opp ortu n ity Employer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fau No. (6�2) 349-2665 CITIZEN SERVICE OFFICE Fred Owusu, City CTerk CITY OF SAINT PAUL Norm Colemart, Mayor 170 City H¢U IS W. %ellagg Boulevnrd S�ntPau(,�rtnaota 55102 TeL: 61�266-8989 Far. 6Ib266-8689 web: hup•✓hvww..stpauzgw 7DD: 2668509 June 19, 1997 At the direction of Saint Paul Assistant City Attorney, Paul McCloskey, the original copies of all documentation relating to Council File #97-417 E& K Corporation (d/b/a Checker's Nite Club) have been sent to the Clerk of the Appellate Courts in order to satisfy the requirement of Court of Appeals File Number: CX-97-953. The copies have been filed as the original documents in the City Clerk's office files. ,;�- � � � ,y�� Fre Owusu City Clerk � � -` �-is-5� Paul Mc 1 skey Assistant Ci Clerk STATE OF MINNESOTA IN COURT OF APPEALS E & K Corporation (d/b/a Checker's Nte Club), Relator, �. C�ty of St. Paul, and C5ty Council of the CSty of Saint Paul, Respondents. WRTf OF CERTIORARI COURT OF APP ��R cx � 953 DATE OF MAILING I�TOTICE OF DECISION: May 13, 1997 TO: City of Saint Paul, and City Council of the City of Saint Paul. You aze hereby ordered to return to the Court of Appeals within 30 days from tlus date the record, exlu'bits and proceedings in the above-entitled matter so that this court may review the decision of the C�ty Counc7 of the City of Saint Paul adopted by resolution, Council File #97-417, on Apn7 23, 1997, and maled on the date noted above. Copies of this writ and accompanying petition shall be seived forthwith either personally or by ma� upon respondents and upon attomey for respondents: Peg Birk City Attomey C�ty of Saint Paui 400 C1ty Hall 15 West Kellogg Boulevard Saint Paul, MN 55102 ` �;y � �.. a , ��` . d: v r `, , - �,.�> .� ��, � � 7 �� - �� Proof of seivice shall be filed with the clerk of the appellate courts. Dated: May 23, 1997 �-� ��1�� "� ,�:,� ,� �'�a r,;:">fs� . ��?�.�. ,::�sF7��, r a �' Clerk of AppeUate Courts c�erk -1- �-. �� r , � � � Presented By Referred To Council File # _�� Green Sheet # �- RESOLUTION CITY OF SAINT P L, MINNESOTA �1 7 � � � Committee: Date WHEREAS, the City of 5aint Paui, Office Qf' License, Inspections and Environmental Protection brought an adverse action against the licenses held by Thanh Ngoc Nguyen dJbJa Cafe Kazaoke Do Thanh, £or the premises located at 1275 University Avenue West, alleging a violation of a condition of their license; and WFIEREAS, on or about January 14, 1997 the licensee was duly notified that a heazing had been scheduled before an Adminisirative Law Judge on February 13, 1997; and WtIEREA5, the Administrative Law Judge took the matter under advisement after hearing tesrimony from the Ciry and the licensee, and receiving e�ibits presented by the City; and WHEREAS, the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge dated March 17, 1997 were served on the Council of the Ciry of Saint Paul, with copies sent to the licensee; and WfiEREAS, a public hearing was held on April 2, 1997 to consider the Recommendation, at which fime the licensee did not appear; NOW, TfIEREFORE BE IT RESOLVED, that the City Council of the City of Saint Paul, after due deliberation based upon all the files, records and proceedings herein, inciuding the documents and e�ibits submitted to the Adiniuistrative Law Judge, the Findings of Fact, Conclusions and Recommendation issued subsequent thereto, and the discussion had in open session on April 2, 1997, does hereby adopt and incorparate herein by reference the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge. FURTHER RESOLVED, that all licenses in the name of Thanh Ngoc Nguyen, dJb/a Cafe Karaoke Do Thanh for the premises at 1275 West University Avenue aze hereby suspended for a period of three (3) days, commencing at 12:01 a.m. on , which is the third Wednesday following adoption of this Resolufion by the City Councii. FURTHER RESOLVED, that condifion # 6 on the license sha11 be amended to read as follows, and licensee shall have thirty days from the date of the adoption of this Resolution to come into compliance: "6. There shall be no weapons on the premises at any time and the Licensee shall observe the same restrictions regarding weapons as liquor establishments, as contained in pazagraph 409.06 �4 (o) of the Saint Paul Legislative Code. Without exception, all 1 2 3 4 5 6 patrons shail be required to pass through a�t,ati��i�;;;i��u �`_ /� � �u�a metal detector upon entering the premises." A copy of this Resolution, as adopted, shall be sent by first class mail to the Licensee and the Adruinistrative Law Judge. Requested by Department of: Adopted by Council: Date � a r j'� Adoption Certified by Council Secretary BY: ��_ �,-��,�� Approved by Mayor: Date ` By: By: Form Approved by City Attorney $y: cK �.� �,�� V Approved by Mayor for Submission to Council By: 97- ��h OEPIIRTI�ffNTIDFFiCER'AUNCIL DATE INITATED v V � v c,cy co,�� aPrn ii, i99 GREEN SHEE CONTACT PEAY.ON & PHONE INITIAUDATE INRIAIIDATE ODEPARTMENTDIRECTOR �qTYCOUNCIL Jerry Blakey, 2b6-8610 ASSIGN CITYATfORNEV CRYCLERK MUST BE ON COUNCIL AGENDA BY (�ATE) ROUnNG� � BUDGET DIREG?OR � FIN. 8 MGT. $ERVICES �IR. APLl� 23� 1997 Consent A enda ONDEF � MAVOR (OR ASSISTAN'f) � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIQNS FOR SIGNATUREJ ACTiON qEpUESTED: Finalizing City Council action taken on April 2, 1997, concerning adverse acuon against licenses held by Thanh Ngoc Nguyen, DBA Cafe Karaoke Do Thanh, 1275 University Avenue West. HECOMMEN�ATIONS: Approve (q) or Rejeet (R) pEHSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING CAMMISSION _ CIVIL SERVICE COMMISSION �� Hds this perSOn/Firm ever workBtl under a ContraCt for this tlepartment? _ CIB COMMIT7EE _ YES NO _ STAFF 2. Has this pereonttirm ever been a ciry employee? — YES NO _ DISTRIG7 COUFxi _ 3. Does this person/firm possess a skill not normally possessed by any current clry employe84 SUPPORTS WHICH COUNCIL O&IECrIVE7 YES NO Explain all yes answers on ssparate sheet antl attech to green sheet INITIA7ING PROBLEM. ISSUE, OPPpRTUN17Y (VJno, What, When. Where, Why): E �ElVEb ApR r i �9T I � RR �' g�AIfEY ADVANiAGES IF APPAOVED: DISADVANTAGES IF APPflOVED' �� .. .. ?.. � � r � I ('�1't"[h . ... 2al.C.l DISRDYANTAGES If NOT APPROVED. TOTALAMOUN70FTRANSACTION $ COS7/REVENUEBUOGETED(CIHCLEONE) YES NO FUNDIi1G SOURCE ACTIVITY NUMBER FINANqAL INFORN7ATION� (EXPLAIN) STATE OF MINNESOTA Q R` ```� OFFICE OF ADMINISTRATIVE HEARINGS � � , � 100 Washington Square, Suite 1700 100 Washingto� Avenue South Minneapolis, Minnesota 55401-2138 April 4, 1997 Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 RE: In re the Licenses ofi Thanh Ngoc Nguyen d/bia Cafe Karaoke Do Thanh, 1275 University Avenue West; OAH Docket No. 73-2111-10912-3 Dear Mr. Owusu: Enclosed and served upon you please find Administrative Law Judge Williams' Findings of Fact, Conclusions of Law and Recommendation in the above-entitled matter. Also enclosed is the official record. with the exception of the tape recording of ihe hearing, a copy of which will be sent to you under separate cover. Our file in this matter is now closed. Very truly yours, 1 t l�L'��7't �� Nancy M. Thomas �� Docket Clerk Telephone: 341-7615 NT Enc. Providing lmpartial Hearings for Government and Citizens An Equal Oppoku�ity Employer Administrative Law Section & AdministraUve Services (6'12) 341-76D0 � TDD No. (612) 34�-7346 � Fax No. (612) 349-2665 �'�- 4 STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL LaVon Regan, being first duly sworn, hereby deposes and says that on the 4th of ril, 1997, at the City of Minneapolis, county and state aforementioned, she served the attached Findin�s of Fact. Conclusions of Law and Recommendation of the Administrative Law Judge: Docket No. 73-2111-10912-3, by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Bou{evard St. Paul, MN 55102 � �-�.-�E �"� � � L. LaVon Regan Subscribed and sworn to before me this 4th day of Apri{, 1997. �-c-�-„�. � = C Notary Public . � r�• lOU1SE C. COOPER � - �' �� NOTARY PUBLIC -. ' p�y �wmn. Expfres.fan.3 s ��- `� • II�I�L � � : COUNTY OF HEI3NEPIN AFFIDAVIT OF SERVICE ) ) SS. ? Susan M. Williams, being duly sworn on oath, says that she served a copy of the attached Order upon the following persons by placing copies in first class mail on the following date: March 17, 1997 Ms. Virginia Palmer Assistant City Attomey 400 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Mr. Thanh Ngoc Nguyen Cafe Karaoke Do Thanh 1275 University Avenue West St. Paul, MN 55104 In re the Licenses of Thanh Ngoc Nguyen dlbla Cafe Karaoke Do Thanh 1275 University Avenue West OAH Docket No: 73-2111-10912-3 Subscribed and swarn to before me this <3 t �� day of �'VlARC'tf , 1997 �� Notary Public "� Signed Susan M. Williazns � LAVON REGAN � ''--��., NOTARYPUBUC 4�z'3 HENNEPIN COUPSTY � MYComm.FayiresJan.31.2000 9�-�� OAH Docket No. 73-2111-10912-3 OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF TI� CITY OF SAINT PAUL In re the Licenses of Thanh Ngoc Nguyen dlbla Cafe Kuaoke Do Thanh 1275 University Avenue West FINDINGS OF FACT CONCLUSIONS OF LAW AND RECOMNIENDATION The abov�entitled matter came on for hearing before Administrative Law Judge Susan M. Williams on February 13, 1997, at Room 1504, St. Paul City Hall Annt�, 25 W. 4th Street, St. Paul, MN 55102. The record in this matter closed on Febnxary 13, 1997 upon the close of testimony. Virginia D. Falmer, Assistant City Attorney, appeared on behalf of the Ciry of St. Paul Office of License, Inspections and Environmental Protection. Thanh Ngoc Nguyen, Cafe Karaoke Do Thanh, 1275 University Avenue West, Saint Paul, MN 55104, appeared without counsel. Also present were Nhu Dang, who assisted Mr, Nguyen and translated for him, and Peter Pangborn, Paralegal for the City of St. Pau1. This Report is a recommendation, not a final decision. The City Cauncil wiil make the final decision after review of the record, and may adopt, reject, or modify the Findings of Fact, Conclusions and Recommendations contained herein. Afrer receipt of the Findings, Conclusions and Recommendafions, the City Council shall provide the Licensee an opportunity to present oral or written azguments aileging error on the part of the Administrative Law Judge in the application of the law or interpretation of the facts, and to present argument related to the recommended adverse action_ Upon conclusion of thax hearing, and after considering the record, the Findings of Fact, Conclusions and Recommendation, together with such additional arguments presented at the hearing, the City Council shall determine what, if any, adverse action shall be taken, which action shall be by resolution. 9�- y� � STATEMENT OF ISSITES The issue in this matter is whether the Licensee, Thanh Ngoc Nguyen, complied with all the conditions of his license, specifically the requirement that all patrons of the establishment pass through a metal detector and, if not, what sanction, if any, is appropriate. Based upon all the proceedings herein, the Administrative Law 7udge makes the following: FINDINGS OF FACT 1. Thanh Ngoc Nguyen (hereinafter "Licensee") holds a license to do business for the Cafe Karaoke Do Thanh, located at 1275 University Ave. West, St. Paul, MN. The license is for a restaurant, cigarette sales and cabaret. The license was approved on May 22, 1996 and expires May 22, 1997. [E�chibit l.j The Licensee does not have a liquor license for the premises and no alcoholic beverages are served. 2. The Cafe Karaoke is located in a neighborhood which has experienced some previous difficuities with boisterous custo�ners and the use of weapons. As a result of neighborhood concerns, and after negotiations among the Licensee, his attorney, a neighborhood group and the police, certain conditions were imposed upon the license. These conditions were discussed with the Licensee and his counsel. 3. The following restrictions are made a part of the license: 1. There shall be no loitering outside, adjacent to the establishment, during hours of operation. 2. The establishment shall observe a 1:00 AM closing time, and all patrons shall be off the premises, and the adjacent outside area, by 1:30 AM. 3. The Licensee shall make sure that there are no minors present in the establishment in violation of St. Paul curfew restrictions. 4. The Licensee shall be responsible for removal of trash and debris in the outside adjacent area on a daily basis, and shall make sure that there is no accumulation of trash adjacent to the dumpster in the rear of the buiiding. 5. The license holder shall have trained security personnel on duty during all hours of operation. Off duty, uniformed St. Paul Police officers aze prefened to be used for security. Depending on the availability of St. 9'7� � � � Paul Police, Licensee will attempt to enlist off-duty police as security officer. Such support is usually available on weekends, but during the rest of the week is limited. 6. There shall be no weapons on the premises at any time and the Licensee shall observe same restrictions regarding weapons as liquor establishments, as contained in Paragraph 409.06M of the St. Paul Legislative Code. Without exception. all patrons shall be requued to pass throu�h a metal detector upon enterine the oremises. 7. No gang colors sha11 be allowed to be wom by patrons on the licensed premises. Signs shall be posted to this effect and the Licensee shall consult with St. Paul Police to deternune how to identify gang colors. 8. The Licensee shall post signs to instruct and encourage patrons to not park on the residential streets in the area and to refrain from parking in posted, restricted parking areas, and specifically the Champion Auto parking lot during Champion's noztnal operating hours (9 PM weekdays( 6 PM weekends). 9. L'acensee will use best efforts to comply with a11 the conditions listed above, with reasonable expectation that Licensee sha71 be held to the same compliance standards regarding loitering, parking, trash removal, appearance, etc. as other similar Ciass TII licensed businesses in the area. [E�iibit 2, emphasis added.] 4. In the summer of 1996, Robert Kessler, the Director of the Office of License, Inspections and Environsnental Protection, met with the Licensee and discussed with the Licensee the need to use a metal detector with every customer of the Cafe. The Licensee stated that a walk-thorough detector was too costly and that, until he could afford one, a hand-held unit would be used. There was no evidence that a metal detector was in use in the summer of 1996. 5. On October 11, 1996, at appro�mately 8:00 p.m., Robert Kessler met again with the Licensee at the Cafe Karaoke. There had been a recent incident in the neighborhood involving guns and Kessler wished to ensure that the Licensee was complying with the conditions of his license. The Licensee and Mr. Kessler discussed the use of a metal detector at the licensed location and the Licensee explained that a walk-through metal detector was too expensive. Mr. Kessier agreed that a hand-heid metai detector wouid be acceptabie. Licensee demonstrated a hand-heid metai detector which he stored beknnd a service counter in the rear ofthe premises. 6. On October 17, 1996, at approximately 11:30 p.m., Mr. Kessler returned to the area and watched the Cafe Karaoke from across the street. He observed seven or eight customers entering the door to the business without being searched with a metal detector. Because he was 9�-�� concerned that the conditions of the license were not being met, he directed City inspectors to make follow-up visits. 7. On October 18, 1996, Kristina Schweinler, a licensing inspector, watched the premises from outside and observed severai customers entering the premises without any appearance that they were being stopped at or near the entry and seuched with a metal detector. Ms. Schweinler erttered the licensed premises accompanied with an off-duty police officer. Neither Ms. Schweinler nor the police officer were checked at the door or inside the premises with a metal detector. The off-duty police officer was carrying a gun in a holster and Ms. Schweinler was carrying her badge and mace in her purse. 8. On November 8, 1996, Ms. Schweinler again visited the licensed premises and observed the door from outside. She observed several customers enter the Cafe without being checked by a metal detector. 9. Between November, 1946 and February, 1997, Ms. Schweinler briefly observed the premises on a number of occasions without entering the building. Qn none of these visits did Ms. Schweinler observe a walk-through or hand-heid metal detector being used at or neaz the entry to the Cafe. 10. The door to the Cafe is on University Ave. Inside the door is a red curtain, which blocks the view of the room inside. At the back of the room, appro�mately 50 to 60 feet from the sole customer entrance to the Cafe Kazaoke, is a service counter. The Licensee keeps his hand-heid metal detector behind the service counter. The Licensee usually operates his business alone. e does not ha�e any employees to staff the entrance and to use the metai detector at the door. The Licensee tries to search each customer after they have entered the Cafe and taken a seat. The Licensee then runs the metai detectar over the patrons and does a visual search of purses and bags. 11. On December 10, 1996, Virginia Palmer, Assistant City Attorney, notified the L'acensee of the alleged violation of his licensing conditions and explaining the Licensee's right to a hearing. [EYlubit 3.] 12. By Notice of Hearing dated 3anuary 14, 1997, the Licensee was notified of the date, time and location of the present hearing and the procedures to be followed. [E�ibit 4. ] 97°`f/� Based upon the foregoing Findings of Fact, the Administrauve Law 7udge makes the following: CONCLUSIONS 1. The St. Paul Ciry Council has provided appropriate notice to the Licensee of the allegations and the proposed actions. St. Paui Legislative Code, Section 310.05 (b). 2. The Licensee has appropriately requested a hearing on the issues. 3. The City Council may take adverse action when, imer alia, a licensee or applicant "has failed to comply with any condition set forth in the license, or set forth in the resolution granting or renewing the license." St. Paul Legislauve Code, Section 310.06 (5}. 4. The Licensee has failed to meet the conditions of his license by failing to require all patrons to pass through a metat detector upon enterin� the premises. Although he may require them to submit to a metal detector screening at their tables, this behavior does not meet the requirements of the license and does not suffice to protect the employees and other patrons from those who may be carrying weapons. 5. Insofar as any of the foregoing Findings of Fact are deemed to be Conclusions, they are adopted as such. 6. The above Conclusions are arrived at for the reasons set out in the memorandum which foliows and which is incorQorated into these Conciusions. Based upon the foregoing Findings of Fact, and Conclusions, the Administrative Law 7udge makes the following: RECOMNIENDATIQN IT IS RESPECTFULLY RECOMMENDED that the St. Paul Clty Council suspend the Licensee's license for a period of three days. Dated: March 17, 1997. _' �"�._.�� SUSAN MYKLEBYE WII.LIAMS Administrative Law 7udge Taped: No transcript prepared. 9�-�1i� MEMO1tANDUM The Licensee operates the Cafe Karaoke Do Thanh. The Cafe is a restaurant or ciub-style business in which coffee, so$ drinks and snacks are served. The Licensee holds a license as a restaurant, a cabaret, and to sell cigarettes. The basiness does not have a liquor license, Music is played for the customers and the words to the songs are projected on a screen to allow customers to sing along. The Licensee has no emplopees, atthough he sometimes is helped by a family member. He is open from approximately 4:30 p.m. to midnight or 1:00 a.m. every day and is present on the premises for most of the time it is open for business. The public part of the premises is one room, with tables in the center and booths alona the wails. At the far end of the room from the entry, appro�mately 50 to 60 feet from the door, is a service counter. At the time the Licensee obtained his license to operate the business, the neighborhood and the Ciry were concerned about prior incidents involving weapons and boisterous young people. To address the concerns, the Licensee, his attorney, a neighborhood group and the poiice met and negotiated various conditions to operating the business. The Licensee's license was made conditional upon various protections, including the use of a metal detector on any patrons entering the premises. The purpose of this condition was to prevent the congregation of peopie in Cafe who might be armed and present a danger to employees, other patrons and neighbors. The Licensee has investigated the cost of a walk-through metal detector and has discovered that a used metal detector would cost appro�mately $5,000.00. This cost is currently prohibit3ve based upon the nature and small income of the Licensee's business. 1VIr. Kessler, on behalf of the City, has agreed with the Licensee that a hand-held metai detector, used properly, would suffice to meet the condition of the license. The Licensee has purchased an operable hand-held detector which he keeps behind the counter in the Cafe. The Licensee understands the reasons for the requirement of using a metal detector on the patrons of his buslness and understands that the metal detector is a condition of his license. Because the Licensee has no employees, he runs the Cafe alone. He is unable to maintain a staff member at the door to the business and does not screen every patron with the metal detector as they enter. The Licensee states that he screens each customer after they are in the Cafe, at their seats or by the counter where the wand is kept, by running the metal detector over the people and g7-�1� searching their purses and bags. There is no dispute that the Licensee does not use the metal detector at the door to the business. The Licensee confirmed that he did not use the metal detector on Ms. Schweinler and the piain clothes police of6cer when they entered the Cafe on October 11, 1996. Ae states that he did not screen them because he knew they were inspectors and that he believed screening them was unnecessary. Although both Ms. Schweinler and Mr. Kessler observed the business on several occasions from outside and did not observe any metal detector use at the door, they were unable to see far enough inside the premises to see whether the metal detector was used inside by the pcounter or by the tables. However, even if the Licensee was using the metal detector at the tahles, such use would not provide the protection to employees and other patrons that the use of a metal detector at the door would provide. Screening near the tables, after patrons have entered and have taken their places at tables or in booths does not allow the Licensee to prohibit entry by armed or disruptive individuals. Because the Licensee has fa3led to meet an important condition of his License, by failing to properly screen entering individuals at the door, it is appropriate that a sanction be imposed. SM4V ��- yl� OFSICE OF ADMIISISTRATIVE HEARINGS FOR THE COUNCIL OB THE CITY OF SAINT PAUL In re the Licenses of Thanh Ngoc Nguyen dJb/a Cafe Karaoke Do Thanh 1275 Unive_sity Avenue West CITY'S PROPOSED EXHIB=TS February 13, 1997 TO: Judge Susan Williams, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City's proposed exhibits for the Administrative Aearing on Thursday, February 13, 1997. Exhibit No Exh. No. 1 Exh. No. 2 Exh. No. 3 Exh. No. 4 Description License information regarding Thanh Ngoc Nguyen d/bfa Cafe Karaoke Do Thanh (1 p.); License Restriction Screens regarding Thanh Ngoc Nguyen d/b/a Cafe Karaoke Do Thanh (4 pp.); Notice of Violation letter dated December 10, 1996, with Affidavit of Service (3 pp.}; Notice of Hearing letter dated January 14; 1997, with Affidavit of Service (4 pp.). �7 y/�o Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 St. Paul Legislative Code § 310.17 Respectfully submitted this 13th day of February, 1997. � �� Virgi a D. Palmer Assistant City Attorney Office of The City Attorney 400 City Ha11 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 9 �1 � �llp Lic ID ................... STAT ..................... Susiness Name............ Address.........•••...._. Zip .................••••- Doing Business As........ License Name ............. E�;p Date.........-•-•••.- Insurance Carrier.......: Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Sxp Date..... Telephone ................ 14116 RS TFiANH NGOC NGUYEN 1275 UNIVERSITY AVE W 55104 CAFE KAROAKE DO THANH RESTAURANT (C)-LIMITED CIGARETTE CABARET - CLASS A OS/22f97 PH NOTICES SSNT OUT 4/15/96 HEARING SET FOR 5/8/9 6 88 MAILED, 33 E-MAILED, 3 INTEROFFICE 5/8/96 APPN FOR NEW CABARET LAID OVER 5/22/96 APPN FOR NEW CABARET LIC APP'D CF #96-489 2638579 645-9231 Press 'C' to continue, 'P' to print, or `R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° � . In Re the Licenses of Thanh N goc Nguyen d/b/a Cafe Karaoke Do Thanh City's Exh. No. i RES2RICTIONS SCREEN LICENSE ID: 14116 DBA:CAE'E KAROAKE DO TAANH NOTE: 1:1. THERE SHALL BE NO LOITERING OUTSIDE, ADJACENT T 2:0 THE ESTABLISHMENT, DURING HOT3RS OF OPERATION. 3:2. THE ESTABLISHMENT SHALL OBSERVE A 1:00 AM 4:CLOSING TIME, AND ALL PATROI3S SHALL BB OFF THE 5:PREMISES, A13D THE ADJACENT OUTSIDE AREA, BY 1:30AM 6:3. THE LICENSEE SHALL MAKE SURE THAT THERE ARE NO 7:MINORS PRESENT IN THE ESTABLISHMENT IN VIOLATION 8:OF ST PAUL CURFEW RESTRICTIONS. 9:4. THE LICENSEE SHALL BE RE5PONSIBLE FOR REMOVAL lO:OF TRASH AND DEBRIS IN THE OUTSIDE ADJACENT AREA O 11:N A DAILY BASIS, AND SHALL MAKE SURE THAT TAERE IS 12: NO ACCUMUI,ATION OF TRASH ADJACEI3T TO THE DUMPSTER 13:IN THE REAR OF THE BUILDING. 14:5. TAE LICENSE HOLDSR SHALL HAVE TRAINED SECURITY 15:PERSONNEL ON DUTY DURING ALL HOURS OF OPERATION. �17� `� Date: Dec 5 . � In Re the Licenses of Thanh Ngoc Nguyen � dlbia Cafe Karaoke Do Thanh " Citv's Exh. No. 2 g7-y1� Date: Dec 5 RESTRICTIONS SCREEN LICENSE ID: 14116 DBA:CAFE KAROARE DO THANH NOTE:I6:OFF DUTY, UNIFORMED ST PAUI, POLICE OFFICERS ARE 17:PREFERRED TO BE USED FOR SECURITY. DEPENDING ON 18:THE AVAILABILITY OF ST PAUL POLICE, LICENSEE WILL 19:ATTEMPT TO ENLIST OFF-DUTY POLICE AS SECURITY 20:OFFICERS. SUCH SUPPORT IS USUALLY AVAILABLE ON 21:WEEKENDS, BUT DURSNG TfiE REST OF TIiE WEEK IS 22:LIMITED. 23:6. THERE SHALL BE NO WEAPONS ON THE PREMISES AT 24:ANY TIME AND THE LICENSEE SHALL OBSERVE THE SAME R 25:RESTRICTION5 REGARDII3G WEAPONS AS LIQUOR 26:ESTABLISHMENTS, AS CONTAINED IN PARAGRAPA 409.06M 27:OF THE ST PAUL LEGISLATIVE CODE. WITHOUT 28:EXCEPTION, ALL PATRONS SHALL BE REQUIRED TO PASS 29:THROUGH A METAL DETECTOR UPON ENTERING THE 30:PREMISES. g7-�fl� RESTRICTIONS SCREEN LICENSE III: 14116 DBA:CAFE RAROARE DO THANH NOTB:31:7. NO GANG COLORS SHALL BE ALLOWBD TO BE WORN BY T 32:PATRONS ON THE LICENSED PREMISES. SIGNS SHALL BE 33:POSTED TO THIS EFFECT AND THE LICENSEE SHALL 34:CONSULT WITH SAINT PAUL POLICE TO DETERMINE HOW TO 35:IDENTIFY GANG COLORS. 36:8. THE LICENSEE SHALL P03T SIGNS TO INSTRIICT AND C 37:ENCOURAGE PATRONS TO NOT PARK ON THE RESIDENTIAL 38:STREETS IN THE AREA ANp TO REFRAIN FROM PARKING IN 39:POSTED, RESTRICTED PARKIN6 AREA5, AND SPECIFICALLY 40:THE CHAMPION AUTO PARKING IAT IIURING CHAMPION'S 41:NORMAL OPERATING HOURS (9:PM WEEKDAYS/6:PM WEEKEND 42:5) 43:9. LICENSEE WILL USE BEST EFFORTS TO COMPLY WITH 44:ALL TIiE CONDITIONS LISTED ABOVE, WITH REASONABLE 45:EXPECTATION THAT LICENSEE SFIALL BE HELD TO TIiE Date: Dec 5 � �� 9 �- y�� RESTRICTIONS SCREEN LICENSE ID: 14116 DBA:CAFE KAROAKE DO THANH NOTE:46:SAME COMPLIANCE STANDARDS REGARDING LOITERING, 47:PARKING, TRASH REMOVAL, APPEARANCE, ETC. AS 48:OTAER SIMILAR CLASS III LICENSED BUSINESSES IN 49:THE AREA. 50: 51: ' 52: 53: 54: 55: 56: 57: 58: 59: b0: Date: Dec 5 CITY OF SAINT PAUL Norm Coleman, M¢yor March 19, 1997 OFFTCE OF THE CITY ATTORNEY Peg Bir14 City Attomey � 9 7-' ��- Civit Division 400 City Hall 7elephone: 672 166-8710 IS West Kel7ogg Blvd Facsimile: 611298-5619 SaintPaul, Minnesota 55102 AIOTICE QF CQUNCIL HEARING Mr. Thanh Ngoc Nguyen Cafe Karaoke Do Thank 1275 University Avenue West Saint Paul, Minnesota 55104 Re: Licenses held by Thanh Ngoc Nguyen d/b/a Ca£e Karaoke Do Thanh for the premises located at 1275 University Ave. West in St. Paul License ID No.: 14116 File I3umber:G96-0624 Dear Mr. Thanh Ngoc Nguyen: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned license has been scheduled for 4:30 p.m., Wednesday, April 2, 1997, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written argument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, � VG�C��L�u Q��V��l Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Robert Kessler, Director, Christine Rozek, LIEP Andy Schneider, Community 1564 Lafond Ave., St Council Secretary, 31� City Hall LIEP Organizer, Hamline Midway Coalition, . Paul, MN 55104 i OFFICf` F 1"HE CITY ATTORNEY Timorhy t C" At . nr; rry torney 9 �- yi� CITY OF SAIl�TT PAUL I�'arm Colemon, Mayo� December 10, 1996 Mr. Thanh Ngoc Nguyen Cafe Karaoke Do Thanh 1275 University Avenue West Saint Paul, Minnesota 55104 Civil Divrsion 400 Ciry HaU IS A'est Ketlogg BHd Saint Pau� M'�esom SSl D2 Telephone: 6)1266-8770 Facsimik, 611798-56I9 RE: All licenses held by Thanh Ngoc Nguyen d/bJa Cafe Karaoke Do Thanh for the property located at 1275 University Ave. W. License ID No.: 14116 Our File No.: G96-0624 Dear Mr. Thanh Ngoc Nguyen: I am in receipt of information that could lead to adverse action against your licenses. The basis for the advezse action is: One of the coadiCions of your license requires that all patroas shall be required to pass through a metal detector upon entering the premises. On October 11, 1996 the Director of the Office of Licenae, Inspections and Eavironmental Protection went to Cafe Itaraoke at approximately 9:00 p.m. to discuss a police report of a shooting ia which s�spects had indicated they had been at the Cafe earlier in the eveaing. Mr. Ressler talked to Mr. Thanh to stress the importaace of usiag a metal detector ia acaordance with the license condition. Mr. Thanh indicated that a walk- through metal detector was too expensive, and Mr. Ressler stated that a hand held device would be acceptable. Mr. Thanh then showed him one that was behind a counter in the rear of the premiaes. On October 17, 1996 at approximately 11:30 P•m., Mr. Kessler watched seven or eight customers enter the establisbment without anyone standing at the door to use the metal detector. � � In Re the Licenses of Thanh Ngoc Nguyen d/b/a Cafe Karaoke Do 1'hanh Citv's Exh. No. 3 - _. _ ��-�!� On October 18, 1996 Rristiaa Schweinler, a licensing iaspector, weat to the premises to eheck compliauce with the conditioas. She was with aa off-duty police officer who had a gun oa his persoa. Neither the officer aor Ms. Schweialer were checked at the door and Mr. Thaah again stated that he could not afford to comply with the cozlditioa. On November 8,�1996 'Ms. Schweinler observed the premises from next door and saw customers entering the Cafe without anyone using the hand held metal detector. If you don't dispute the facts highlighted above, this matter will be scheduled before the St. Pau1 City Council for a hearing to determine what penalty, if any, to impose. You will be allowed to speak on your behalf at that hearing. I will need a letter from you saying that you do not dispute the facts, to present this matter directly to the City Council. On the other hand, if you wish to dispute the above facts, 2 will schedule an evidentiary hearing before an Administrative Law Judge (ALJ). You will receive a"NOtice of Hearing," so you will know when and where to appear, and what the basis for the hearing will be. In either case, you should contact me within ten days from the date of this letter to let me know how you would like to proceed. Please call me or have your attorney call me at 266-8714. Very truly yours, �� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Andy Schneider, Community Organizer, Aamline Midway Coalition, 1564 Lafond Ave., St. Paul, MN 55104 , � �i �- vi� STATE OF MINNESOTA ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RP.MSEY ) JOPNNE G. CLEMENTS, being first duly sworn, deposes and says that on December 10, 1996, she served the attached LETTER on the � following named person by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Thanh Ngoc Nguyen Cafe Karaoke Do Thanh 1275 University Avenue West St. Paul, MN. 55104 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this lOth day of December, 1996. ", � �,� N t ubl •� ///��-''' �� KATHRYN J. McIAJGu' Ih� � NOTkRY PUBLIC - IrIN�JESO iA �5-� RAtJiSEY COUNTY tdy Comm, Expires Jan. 31, 2W0 � _ � , OFF3CE OF THE CITY ATTORNEY Timorhy E Mars, Cary Anome� ��`� f � /� f CITY OF SAINT PAUL Notm Coleman, Mayor G•il Divisian 400 Cuy Xal( IS West Rellogg Blvd Saint Pauy M'vmesom s5IO2 7'efephone: 612 266-8710 Faesimi(c 671198-5619 January 14, 1997 NOTICE OF HEARING Mr. Thanh Ngoc Nguyen Cafe Karaoke Do Thznh 1275 University Ave�ue West Saint Paul, Minnesota 55104 RE: Al1 licenses held by Th�nh Ngoc Nguyen d/b/a Cafe Karaoke Do Thanh for the property located at 1275 University Ave. W. License ID No.: 14116 Our File No.: G96-0624 Dear Mr. Thanh Ngoc Nguyen: Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above: Date: Thursday, Bebruary 13, 1997 Time: 9:30 a.m. Place: Room 1504 St. Paul City Hall Annex 25 W. 4th Street St. Paul, NIId. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Ninnesota Office of Administrative Hearings: Name: Susan Williams Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, NQ7. 55401 Telephone: 341-7615 The Council of the City of S?int Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Pa•11 Legislative Code. In the case of /0 . �� In Re the Licenses of Thanh Ngoc i�Tguyen — d!b/a Cafe Karaoke Do Thanh –' City's Exh. No. A �7-y/�p licenses for intoxicating and non-intoxicating liquor, authority is also conveyed by N,innesota Statutes section 340A.415. Adverse action may incluce revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licer_ses you hold at the above premises as follows: One of the conditions of your license requires that all patrons shall be required to pass through a metal detector upon entering the premises. Oa October 17, 1946 at approximately 11:30 p.m., seven or eight customers were observed entering the establishment without anyone checking them with a metal detector. On October 18, 1996 two persons entered the licensed establishment without being checked with a metal detector. On November 8, 1996 customers were observed entering the Cafe without being checked with a metal detector. You have the right to be re�resented by an attorney before and during the hearing or you c�n represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducte3 in accordance with the requirements of Minnesota Statutes sectiors 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the rscord. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of t'r_e proceeding; for example, the owners or occupants of property locG��d in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arg::ments may be made by the parties. Following the hearirg, the �•�dge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. Notice o� Hearing - Page 2 1?-�'J� You should bring to the hearing a11 documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that tnis matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stiaulation will be presented to the Administrative Law 3udge for incc� into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated eG=lier in this notice may be taken as true. If non-public data is received ?nto evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any ql:estions, you can call me at 266-8710. Very truly yours, / �� p .,j 3.:'L2LL o2 � �/ GY/'Y�P/� Virginia D. Palmer Assistant City Attorney cc: NanCy Anderson, Assistant Council Secretary, 31.0 City Hall Robert Kessler, Director, LIEP Christine Roz=k, LIEP Nancy Thomas, Office of Administrative Hearings, 100 Washingtoa Square, Suite 1700, Mpls, MN 55401 Andy Schneider, Community Organizer, Hamline Midway Coalition, 1564 Lafond Ave., St. Paul, MN 55104 Notice of Hearing - Page 3_ l7-Lll�p STATE OF MINNESOTA ) SS. ARSIIIAVIT OF SERVICE BY MAIL COUNTY OF RAI�SEY JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on January 14, 1997, she served the attached NOTICE OF AEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Thanh Ngoc Nguyen Cafe Karaoke Do Thanh 127� University Avenue West St. Paul, MN. 55104 (which is the last known addresses of said person) and depositing the same, with postage prepaid, in the Unix �d States mails at St. Paul, MinnesoCa. � \ ^ , Subscribed and sworn to before me this 14th day of January, 1997. �� /i� /� � . . � ' RtTA M. BOSSARD � NOTA4IY PUBUC MIRNeSOTA ppM$EY COUNTY �0y Cortm;, Exq,es,sea+. at zo� � 9�-��4� § 310-15 LEGISL.4TIVE CODE definition in section 310.01, shall for the purpose of this section include the individual partners or members of any partnership or corporation, and as to corporations, the officers, agents or mem- bers thereof, who shall be responsible for the violation. (Code 1956, § 510.15) Sec. 310.16. Reserved. Editor's note-Section 330.16, pertaiaing to license fees and annual increases, aad derived from Ord. No. 16885, adopted Feb. 11, 1982; Ord. \o. 17059, adopted Oct. 20, 1983; and Ord. No. 17303, adopted Oct. 29, 1985, was repealed by Ord. No. 17884, § 1, adopted Vov 19, 1991. Sec. 310.17. Licensee's responsibility. Any act or conduct by any clerk, employee, manager or agent of a licensee, or by any person providing entertauiment or working for or on behalf of a licensee, whether compensated or not, which act or conduct takes place either on the licensed premises or in any pazking lot or other area adjacent to (or under the lease or control ofl the licensed premises, and which act or conduct violates any state or federal statutes or regula- tions, or any city ordinance, shall be eonsidered to be and treated as the act or conduct of the licensee for the purpose of adverse action against all or any of the licenses held by such licensee. To the sxtent this section is in confiict with sections 409.14 and 410.09 of the Legislative Code, this section shall be controlling and prevail; but shail not otherwise amend, alter or affect such seetions. (Ord. No. 17629, § 1, 1-31-89) Sec. 310.18. License fee schedule. Notwithstanding the provision of any other ordinance or law to the contrary, the following fees aze hereby provided for all the licenses listed herein. These fees supersede all inconsistent pro- visions, including, but not limited to, graduated fee provisions, in these chapters and in other ordinances and laws, and include the fee for the license application as part of the license fee; provided, however, that this section does not amend or modify sections 310.09(a) or 310.09(d) of the Legislative Code with respect to exempt orga- nizations or late fees. Pursuant to section 310.09(6) of the Legislative Code, these schedules shall be posted in the office of the director of the office o£ license, inspections and environmental protec- tion. These fees shall be effective for license renewals and new license applications occurring on and after January 1, 1995, or on the effective date of this section, whichever is later; provided, however, that with respect to all licenses whose renewal dates occur after the effective date of this new schedule, there shall be no increases in, nor offsets or refunds of, the existing fees paid, or due and owing. (a) ENFORCEMENT LEVEL 1 Ch¢pter/Section No. License Description Fee 167 Commemial Uehicle $66.00 198.04 Keeping of animals (Exotic Pets) 66.00 316 Animal Foods Maaagement & Dis- tribntion 66.00 317 Amusement Rides 66.00 323 Christmas Tree Sales 66.00 325 Close Out Sale 66.00 327 Dry Cleaning Pickup Station 66,00 332 Liquid Fuei Vehicte 66.00 333 $olid Fuel Vehicle 66.00 336 private Fuel Pump 66.00 340 Mercantile Bzokez 66.00 3Q5 Peddler (SoliciWrlhansient) 66.00 348 Re¢tal ot Cluthiag & Vehicle 66.00 349 Rental of Clothes Attire Vehicle 66.00 350.02 Rental of Hospita7 Equipment 66.00 350.02 RentalofHospitalEquipmentYe- hicle 66.00 351 Rental of 2iitchenwaze 66.00 353 Roller Rinks 66,OQ 355.01 Secoadhand Dealer (a) & (b) Siagle Location 66.00 357.03 Refuse Hauler-Each Vehicle Ovez One 66.00 359 Sound 2rucks & Broadcast Vehi- cles 66.00 371 Finishing Shop 66.00 361.14 1bw 7}ucklWrecker Vehicle 66.00 362 1Yee 7Yimmer-Additional Vehicle 66.00 372 15re Recapping Plant 66.00 376.16fd) Taxicab Driver (new) 66.00 377 Lawn Fertilizer & Pesticide Ap- plication 66.00 360 Tanning Facility 66.00 382 Pet Grooming 66.00 409.11 Outdoor Change in Service Area 66.00 412 :4Iassage Centez (Class B) 66.D0 414 Massage Therapist 66.00 424.02 Gasoline Filling Stations 66.00 Supp.No.33 2036 �7-yi� f (b) Cl¢ss 77 licenses. Where an application for the grant, issuance or renewal of a Ciass II license meets all the requirements of law, and there exists no ground for denial, revocation oz suspen- sion of, or the imposition of conditions upon, such license, the director shall grant, issue or renew said license in accordance with the application. (c) CZ¢ss Z and Cl¢ss II Zicenses, if denied by director. In the event the director, in the case of both Class I and Class II licenses, determines that the application for grant, issuance or re- newal of the license does not meet all the require- ments of law or that there ezcist gcounds for denial, revocation, suspension or other adverse action against the license or the licensee, the director shall recommend denial of the applica- tion and follow the procedures for norice and hearing as set forth in section 310.05. (d) Cl¢ss ZII ticenses. (1) Grant, issuance or tr¢nsfer. Upon receipt of a fully compieted application and required fees for a Class III license, and after the investigation required, the director shall notify the council. A public hearing shall be held on the grant or issuance of all Class III licenses. In any case where the director recommends denial of the grant, issuance or renewal of a Class III license, or where the council believes that there is evidence which might result in action adverse to the origina] or renewal application, the direc- tor on his or her own initiative, or at the direction of the council, shall follow the pmcedures for notice and hearing as set forth in section 310.05. Where the applica- tion for the grant, issuance or renewal of a Ciass IIT license meets all the require- ments of law, and where there e�sts no ground for adverse action, the council shall by resolution direct that the director issue such license in accordance with law. (2) Renewal. The director shail 3n writing no- tify the council, and the affected neighbor- hood organization(s) established for citizen participation purposes, at least siYty (60) days before the expiration date of all Class III licenses. A public hearing on the re- newal of any such license shall not be held Supp. No. 33 LICENSES § 310.05 except on the request of a councilmember, which request shall be incorporated in the farm of a council resolution. Upon the pas- sage of such resolution, the director shall give written notice of such hearing to the afFected neighborhood organizations. Such public hearing does not replace or amend any of the procedures set forth in section 310.05 of the Legislative Code. If no re- quest for a public hearing is made before the expiration of any such license, and where there exists no ground for adverse action, the director shall issue the license in accordance with law. (e) Appe¢l; Class I or Cl¢ss II licenses. An appeal to the city council may be taken by any person aggrieved by the grant, issuance oz re- newal of a Class I or Class II license; provided, however, that the appeal shall have been filed with the city clerk within thirty (30) days after the action by the director. The only grounds for appeal shall be that there has been an error of law in the grant, issuance or renewal of the license. The appeal shall be in writing and shall set forth in particular the alleged errors of law. Ttie council shall conduct a hearing on the appeal within thirty (30) days of the date of filing and shall notify the licensee and the appellant at least ten (10) days prior to the hearing date. The proce- dures set forth in section 310.05, insofar as is practicable, shall apply to this hearing. Following the hearing, the council may affirm or remand the matter to the inspector or director, or may reverse or place conditions upon the license based on the council's determination that the decision was based on an error of law. The filing of an appeal shall not stay the issuance of the iicense. (fl No w¢iver by renew¢l. The renewal of any license, whether Class I, II or III, shall not be deemed to be a waiver of any past violations or of any grounds for imposition oF adverse action against such license. (Code 1956, § 510.04; Ord. No. 17455, § i, 5-21-87; Ord. No. 17551, § 1, 4-19-88; C.F. No. 94-500, § 1, 7-6-94; C.F. No. 95-473, § 3, 5-31-95; C.F. No. 9a-1517, 1-31-96) Sec. 310.05. Hearing procedures. (a) Aduerse action; notice ¢nd hearing require- ments. In any case where the council may or 2027 9 �--y/� § 310.05 LEGISLSTIVE CODE intends to consider any adverse action,including the revocation or suspension of a license, the imposition of conditions upon a license, or the denial of an appHcation for the grant, issuance or renewal of a license, or the disapproval of a license issued by the State of 1Vlinnesota, the appficant or licensee shall be given notice and an opportunity to be heard as provided herein. The council may consider such adverse actions when recommended by the inspector, by the director, by the director of any executive department estab- lished pursuant to Chapter 9 of the Charter, by the city attomey or on its own initiative. (b) Notice. In each such case where adverse action is or will be considered by the council, the applicant or licensee shall have been notified in cvriting that adverse action may be t�en against the license or application, and that he or she is entitled to a hearing before action is tal;en by the council. The notice shall be served or mailed a reasonable time before the hearing date, and _ shall state the place, date and time of the hearine. �'S The notice shall state the issues involved or ' grounds upon which the adverse action may be sought or based, The council may request that sueh written notice be prepazed and served or mailed by the inspector or by the city attorney. (c) He¢ring. Where there is no dispute as to the facts underlying the violation or as to the facts establishing mitigating or aggravating circum- stances, the hearing shall be held before the council. Otherwise the hearing shall be conducted before a hearing esaminer appointed by the coun- eil or retained by contract with the city for that purpose. The applicant or the licensee shall be provided an opportunity to present evidence and azgument as well as meet adverse testimony nr evidence by reasonable cross-eaamination and rebuttal evidence. The hearing eaaniiner may in its discretion permit otherinterested persons the opporiunity to present testunony or ec�idence or otherwise participate in such hearing. (o-l) Procedure; hearing ex¢miner. The hearing examiner shall hear all evidence as may be pre- sented on behalf of the city and the applicant or lieensee, and shall present to the council written Findings of fact and conclusions of law, together with a recommendation for adverse action. The councii shall considet the evidence con- tained in the record, the hearing eaaminer's rec- ommended findings of fact and conclusions, and shall not consider any factual tzstimony not pre- viousiy submitted to and considered by the hear- ing e%aminer. After receipt of the hearing examiner's findings, conciusions, and recommen- dations, the council shall provide the applicant or licensee an oppoxtunity to present oral or caritten arguments alleging error on the part of the exam- iner in the application of the law or interpretation of the facts, and to present azgument related to the recommended adverse action. Upon conclu- sion of that hearing, and after considering the record, the examiner's findings and recommenda- tions, together with such additional arguments presented at the hearing, the council shall deter mine what, if any, adverse action shall be taken, which action shall be by resolution. The council may accept, reject or modify the findings, conclu- sions and recommendations of the hearing exam- iner. (c-2) Ex parte contacts. If a license matter has been scheduled for an adverse hearing, councii members shall not discuss the license matter with each other or with any of the parties or interested persons involved in the matter unless such dis- cussion occurs on the record during the hearings of the matter or during the council's final deliber- ations of the matter. No interested person shall, with knowledge that a license matter has been scheduled for adverse hearing, convey or attempt to convey, orally or in writing, any information, argument or opinion about the matter, or any issue in the matter, to a council member or his or her staff until the council has taken finai action on the matter; provided, however, that nothing herein shall prevent an inquiry or communica- tions regazding status, scheduling or procedures conceming a license matter. An interested person, for the purpose of this paragraph, shall mean and include a person who is an officer or employee of the licensee which is the subject of the scheduled adverse hearing, or a person who has a financial interest in such licensee. (d) Licensee or applic¢nt m¢y be represented. The licensee or applicant may represent himself or choose to be represented by another. �:\`;: J� Supp. No. 33 2�2$ 97-yi� LICEA*SES (e) F.ecord; evidence. The hearing examiner shall receive and keep a record of such proceedings, including testimony and e�ibits, and shall re- ceive and give weight to e��idence, including heaz- say evidence, which possesses probative ralue com- monly accepted by reasonable and prudent persons in the conduct of their affairs. (t) Council action, resolution to contain find- ings. Where the council takes adverse action with respect to a license, licensee or applicant for a license, the resolution by k•hich such action is tak- en sha11 contain its findings and deter�ination, including the imposition of conditions, if any. The council may adopt all or part of the findings, con- clusions and recommendations of the hearing ex- aminer, and incorporate the same in its resolution taking the adverse action. (g) Additional procedures where required. Where the provisions of any statute or ordinance require additional notice or hearing procedures, such pro- visions shall be complied with and shall super- sede inconsistent provisions of these chapters. This shall include, without limitation by reason of this specific reference, Minnesota Statutes, Chapter 364 and Minnesota Statutes, Section 340A.415. (h) Discretion to hear notwithst¢nding with- dr¢w¢Z or surrender of applicatian or ticense. The council may, at its discretion, conduct a hearing or direct that a hearing be held regarding revocation or denial of a license, notwithstanding that the applicant or licensee has attempted or purported to withdraw or surrender said license or applica- tion, if the attempted withdrawal or surrender took piace after the applicant or licensee had been notified of the hearing and potential adverse aa tion. (i) Contirzuances. Where a hearing for the pur- pose of considering revocation or suspension of a license or other disciplinary action invoh-ing a li- cense has been scheduled before the council, a continuation of the hearing may be granted by the council president or by the council at the request of the licensee, license applicant, an interested person or an attomey representing the foreaoing, upon a showing of good cauce 6y the party making the request. § 310.05 (j) ff the council imposes an adverse action as defined in section 310.01 above, a generic notice of such action shall be prepared by the lieense in- spector and posted by the licensee so as to be vis- ible to the public during the effective period of the adverse action. The licensee shall be responsible for taking reasonable stc�s to make sure the no- tice remains posted on the front door of the li- censed premises, and failure to take such reason- able precautions may be grounds for further adverse action. (k) Imposition of costs. The council may impose upon any licensee or license applicant some or aIl of the costs of a contested hearing before an inde- pendent hearing examiner. The costs of a contest- ed hearing include, but aze not iimited to, the cost of the administrative law judge or independent hearing examiner, stenographic and recording costs, copying costs, city staff and attorney time for which adequate records have been kept, rental of rooms and equipment necessary for the hear- ing, and the cost of expert witnesses. The council may impose ali or part of such costs in any given case if (i) the position, claim or defense of the licensee or applicant was frivolous, azbitrary or capricious, made in bad faith, or made for the pur- pose of delay or hazassment; (ii) the nature of the violation was serious, or involved violence or the threat of violence by the licensee or employees thereof, or involved the sale of drugs by the lic- ensee or employees thereof, andJor the circum- stances under which the violation occurred were aggravated and serious; (iii) the vialation created a serious danger to the public health, safety or welfare; (iv) the violation involved unreasonable risk of harm to wlnerable persons, or to persons for whose safety the licensee or applicant is or was responsible; (v) the applicant or licensee was sufficiently in control of the situation and there- fore could have reasonably avoided the violation, such as but not limited to, the nonpayment of a required fee or the failure to renew required in- surance policies; (vi) the violation is covered by the matrix in section 409.26 of the I,egislative Code; or (vii) the violation involved the sale of cigarettes to a minor. (1) Imposition of firzes. The council may impose a fine upon any licensee or license applicant as an adverse license action. A fine may be in such Supp. No. 3a `LO`L9 § 310.05 9 7-�ltP LEGISL�TIVE CODE amount as the councii deems reasonable and ap- propriate, having in mind the regulatory and en- forcement purposes embodied in the particulaz li- censing ordinance. A fine may be in addition to or in lieu of other adverse action in the sole discre- tion of the council. To the extent any other pm�z- sion of the Legislative Code pro�zdes for the im- position of a fine, both provisions shall be read together to the extent possible; provided, howev- er, that in the case of any conflict or inconsistency, the other provision shall be controlling. (Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-58; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. Z�'o. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. ?�TO. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94; C.F. No. 94-1340, § 2, 10-19-94; C.F. No. 95-473, § 4, 5-31-95) Sec. 310.06. Revocation; suspension; adverse actions; imposition of condi- tions. (a) Council may t¢ke ¢dverse ¢ction. The coun- cil is authorized to take adverse action, as defined in section 310.01 above, against any or all licenses or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse ac- tions against entertainment licenses issued under Chapter 411 of the Legislative Code may be initf- ated for the reasons set forth in subsection (b) below, or upon any lawful grounds which aze com- municated to the license holder in writing prior to the hearing before the council. Such acfions shall be initiated and carried out in accordance with the procedures outline in section 310.05; provid- ed, however, that the formal notice ofhearing shall be used to initiate the adverse action without the use of prior procedural steps. (b) Basis for action. Such adverse action may be based on one (1) or more of the following rea- sons, which are in addition to any other reason specifically provided by law or in these chapters: (1) The license or permit was procured by mis- representation of material facts, fraud, de- ceit or bad faith. t2) The applicant or one (1) acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application. (3) The license was issued in violation of any of the provisions of the Zoning Code, or the premises which are licensed or which aze to be licensed do not comply with applicable health, housing, fire, zoning and building codes and regulations. (4) The license or permit was issued in viola- tion of law, without authority, or under a material mistake of fact. (�) The licensee or applicant has failed to com- ply with any condition set forth in the li- cense, or set forth in the resolution grant- ing or renewing the license. (6) a. The licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee or applicant) has violated, or performed any act which is a violation of, any of the provisions of these chapters oz of any statute, ordi- nance or regulation reasonably related to the licensed activity, regardless of whether criminal chazges have or have not been broughtin connection there- with; b. The licensee or applicant has been con- victed of a crime that may disqualify said applicant from hoiding the license in question under the standazds and procedures in ?vlinnesota Statutes Chapter 364; or c. The licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee 6r applicant) has engaged in or permitted a pattern or practice of conduct of failure to comply with laws reasona6ly related to the li- censed activity or from which an infer- ence of lack of fitness or good character may be drawn. (7) T'he activities ofthe licensee in the licensed activity created or have created a serious danger to the public health, safety or wel- faze, or the licensee performs or has per- formed his or her work or activity in an unsafe manner. (8) The ticensed business, or the way in which such business is operated, maintains or per- ��d �i Supp. No. 30 2030 § 310.05 q 7-�//fp LEGISL9TIVE CODE amount as the council deems reasonable and ap- propriate, having in mind the regulatory and en- forcement purposes embodied in the particulaz li- censing ordinance. A fine may be in addition to or in lieu of other adverse action in the sole discre- tion of the council. Tb the extent any other provi- sion of the Legislative Code proczdes for the im- position of a�fine, both provisions shall be read together to the eatent possible; prorided, howev- er, that in the case of any conflict or inconsistency, the other provision shall be controlling. (Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.E ?�TO. 94-46, § 7, 2-2-94; C.F. No. 94-898, y�§ 2, 3, 7-13-94; G.F. No. 941340, § 2, 10-19-94; C.F. \o. 95-473, § 4, 5-31-95) Sec. 310.06. Revocation; suspension; adverse actions; imposition of condi- tions. (a) Council may take adverse ¢ction. The coun- cil is authorized to take adverse action, as defined in section 310.01 above, against any or all licenses or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse ac- tions against entertainment licenses issued under Chapter 411 of the Legislative Code may be initi- ated for the reasons set forth in subsection (b) below, or upon any lawfut grounds which are com- municated to the license holder in writing prior to the hearing before the council. Such actions shall be initiated and carried out in accordance K�ith the procedures outline in section 310.05; provid- ed, however, that the formal notice of hearing shall be used to initiate the adverse action svithout the use of prior procedural steps. (b) Basis for action. Such adverse action may be based on one (1) or more of the fol]owing rea- sons, which are in addition to any other reason specifically provided by law or in these chapters: (1) The license or permit was procured by mis- representation of material facts, fraud, de- ceit or bad faith. (2) The applicant or one (1) acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application. (3) The license was issued in violation of any of the provisions of the Zoning Code, or the premises which aze licensed or which are to be licensed do not comply with applicable health, housing, fire, zoning and building codes and regulations. (4) The license or permit was issaed in viola- tion of law, without authority, or under a material mistake of fact. (�? The licensee or applicant has failed to com- ply with any condition set forth in the li- cense, or set forth in the resolution grant- ing or renewing the license. (6) a. The licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee or applicant) has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordi- nance or regulation reasonably related to the licensed activity, regardless of whether criminal charges have or have not been brought in connection there- with; b. T'he licensee or applicant has been con- victed of a crime that may disqualify said applicant from holding the license in question under the standazds and procedures in Minnesota Statutes Chapter 364; or c. The licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee or applicant) has engaged in or permitted a pattem or practice of conduct of failure to comply with laws reasona6ly related to the li- censed activity or from which an infer- ence of lack of fitness or good character may be drawn. (7) The activities of the licensee in the licensed activity created or have created a serious danger to the public health, safety or wel- fare, or the licensee performs or has per- formed his or her work or activity in an unsafe manner. (8) The licensed business, or the way in which such business is operated, maintains or per- Supp. No. 30 2�30 ��-�� LICENSES mits conditions that unreasonably annoy, injure or endanger the safety, health, mor- als, comfort or repose of any considerable number of inembers of the public. (9} Failure to keep side�alks or pedestrian ways reasonably free of snow and ice as required under Chapter 114 of the Saint Paul Leg- islative Code. (10) (11) The licensee or applicant has sho�rn 6y past misconduct or unfair acts or dealings: phys- ical abuse, assaults or violent actions done to others, including, but not limited to, ac- tions meeting the definition of criminal sex- ual conduct pursuant to 114innesota Stat- utes Sections 6Q9.342 through 609.3451; sexual a6use, physical abuse or maltreat- ment of a child as defined in ?vlinnesota Stat- utes 3ection 626.556, subdivisions 2 and 16e, including, 6ut not limited to, acts �hich con- stiLute a violation of ?vSinnesota Statutes Sec- tions 609.02, subdivision 10; 609.321 through 609.3451; or 617246; neglect or en- dangerment of a child as defrned in 1VIinne- sota Statutes Section 626.557, subdivision 2; the manufacture, distribution, sale, gift, delivery, transportation, exehange or baz- ter of a controlled substance as defined in Minnesota Statutes Chapter 152; the pos- session of a controlled substance as defined in Minnesota Statutes Chapter 152 in such quantities or under circumstances giving rise to a reasonable inference that the pos- session was for the purpose of sale or dis- tribution to others; or by the abuse of alco- hol or other drugs, that such licensee or applicant is not a person of the good moral chazacter or fitness required to engage in a licensed activit}; business or profession. The licensee or applicant has materially changed or permitted a material change in the design, constructaon or configuration of the licensed premises without the prior ap- proval of the city council in the case of Class III licenses, the director in the case of Ciass II licenses, and the inspector in the case of Class I licenses, or without first haeing ob- tained the proper building permits from the city, Supp. No.30 2031 § 31Q.06 (12) The licensee or applicant has violated sec- tion 294.01 of the Legislative Code, or has made or attempted to make a prohibited ex parte contact with a council member as pro- vided in section 310.05(c-2) of the Legisla- tive Code. The terms `�icensee" or "applican�' for the pur- pose of this section shall mean and include any person who has any interest, whether as a holder of more than five (5) percent of the stock of a cor- poration, as a partner, or otherwise, in the prem- ises or in the business or activity which are li- censed or proposed to be licensed. With respect to any license for activities entitled to the protection of the F�rst Amendment, notcvith- standing the foregoing provisions, neither the lack of good moral character or fitness of the licensee or applicant nor the content of the protected speech or matter shall be the basis for adverse action against the license or application. (c) Imposition of re¢son¢ble conditions ¢nd/or restrictions. When a reasonable basis is found to impose reasonable conditions and/or restrictions upon a license issued or held under these chap- ters, any one (1) or more such reasonable condi- tions and/or restrictions may be imposed upon such license for the purpose ofpromoting public heaIth, safety and welfare, of advancing the public peace and the elimination of conditions or actions that constitute a nuisance or a detriment to the peace- ful enjoyment of urban life, or promoting security and safety in nearby neighborhoods. Such reason- able conditions and/or restrictions may include or pertain to, but are not limited to: (1) A limitation on the hours of operation of the licensed business or establishment, or on particulaz types of activities conducted in or on said business or establishment; (2) A limitation or restriction as to the location within the licensed business or establish- ment whose [sic] particular type of activi- ties may be conducted; (3) A limitation as to the means of ingress or egress from the licensed establishment or its parkiixg lot or immediately adjacent area; (4) A requirement to provide off-street patking in excess of other requirements of law; �1'7-�/l� § 310.06 LEGISL9TIVE CODE (5) A limitation on the manner and means of advertising the operation or merchandise of the licensed establishment; (6) Any other reasonable condition or restric- tion limiting the operation of rhe licensed business or establishment to ensure that the business or establishment will harmo- nize with the character of the azea in which it is located, or to prevent the development or continuation of a nuisance. The inspector mayimpose such conditions on Class I licenses cvith the consent of the license holder, or may recommend the imposition of such conditions as an adverse action against the license or licens- es; the inspector has the same po.�er kith respect to Class II licenses. The council may impose such conditions on Class III licenses with the consent of the license holder, or upon any class of license as an adverse action against the license or licens- es following notice and hearing as nay be re- quired. Such conditions may be imposed on a li- cense or licenses upon issuance or renewal thereof, or upon and as part of any adverse action against a license or licenses,including suspension. Con- ditions imposed on a license or licenses shall re- main on such licenses when renewed and shall continue thereafter untii removed by the council in the case of conditions on Class III licenses or conditions imposed by adverse action, and by the inspector in the case of Class I and II licenses. (d) Standards for muZtiple Zicense determina- tion. In any case in which the council is autho- rized to take adverse action against less than all of the licenses held by a licensee, or applied for by an applicant, the following standazds may be used: (1} The nature and gravity ofthe grovnds found by the council to exist upon which the ad- verse action would be based; (2) The policy and/or regulatory goals for the particular licenses involved, either as em- bodied in the Legislative Code or as found and detemrined by the council; (3) The interrelationship of the licenses and their relative importance to the overatl busi- ness enterprise ofthe licensee or applicant; (4? The management practices of the licensee oz applicant with respect to each of such licenses; (�) The extentto which adverse action against less than all of the licenses or applications would result in ciifficulty in enf'arcing and monitoring the adverse action taken; (6) The hazdship to the licensee or applicant that would be caused by applying adverse action�to all licenses or applications; and (7) The hardship andlor danger to the public, or to the public health and welfare, that would result from adverse action against less than all of the licenses or applications. (Code 1956, § 510.06; Ord. No. 17584, § 1, 8-25-88; Ord. No. 27657, § 15, 6-8-89; Ord. No. 17659, § 2, 6-13-89; Ord. No. 17901, §§ 2, 3, 1-14-92; Ord. No. 17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1, 428- 92; C.F. No. 94500, § 3, 7-6-94; C.F. No. 94-1340, § 3, 10-19-94; C.F. No. 95-473, § 5, 5-31-95) Sec. 310.07. Termination of licenses; surety bonds; insurance contracts. (a) Autom¢tic termin¢tion, reinst¢tement; re- sponsibility of Zicensee. All licenses or permits which must, by the provisions of these chapters or other ordinances or laws, be accompanied by the filing and maintenance of insurance policies, deposits, guazantees, bonds or certifications shall automat- ically terminate on cancellation or withdrawal of said poliaes, deposits, bonds or certifications. No licensee may continue to operate or perform the licensed activity after such termination. The lic- ensee is liable and responsible for the filing and maintenance of such policies, deposits, guazan- tees, bonds or certifications as aze required in these chapters, and shall not be entitled to assert the acts or omissions of agents, brokers, employees, attorneys or any other persons as a defense or justification for failure to comply with such filing and maintenance requirements. In the event the licensee reinstates and files such policies, depos- its, bonds or certifications within thirty i30) days, the license is automatically reinstated on the same terms and conditions, and for the same period as originally issued. After thirty (30) days, the appli- cant must reapply for a renewal of his license as though it were an original appiication. (b? Borzds ¢nd insurance requirements: (1) Surety Companies: All surety bonds run- ning to the City of Saint Paul shall be writ- :`�! Supp. No. 3D 2032 ` OFFICE OF THE CITY ATTORNEY ' TuwUry E Marx, Gry Aftorne�+ 4 7- �/%!p CITY OF SAINT PAUL Norm Caleman, Mayar , .. �nN�;on ... . , _ ' ' 40B � Hall Telephnne: 672166-87I0 IS Wert,��logg Bivd Facsimilc 612 298-5679 G�'' 1 .` � ; � �S�l'afi��Mbmesota 55102 ;, ,�. ��-i�:.'.^+ - tlLr..11 January 14, 1997 NOTICE OF HEARING Mr. Thanh Ngoc Nguyen Cafe Karaoke Do Thanh 1275 University Avenue West Saint Paul, Minnesota 55104 RE: All licenses held by Thanh Ngoc Nguyen d/b/a Cafe Karaoke Do Thanh for the property located at 1275 University Ave. W. License ID No.: 14116 Our File No.: G96-0624 Dear Mr. Thanh Ngoc Nguyen:_ Please,take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above: Date: Thursday, February 13, 1997 Time: 9:30 a.m. Place: Room 1504 St. Paul City Hall Annex 25 W. 4th Street St. Paul, NIIQ. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Susan Williams Office of Administrative Hearings 100 Washington Square, Suite 1700 Minaeapolis, MN. 554Q1 Telephone: 341-7615 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of 9 �-�/� licenses for intoxicating and non-intoxicating liquor, authority is also conveyed by Minnesota Statutes section 34�A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: One of the conditions of your license requires that all patrons shall be required to pass through a metal detector upon entering the premises. On October 17, 1996 at approximately 11:30 p.m., seven or <ight customers were abser�ed entering E.he estabiishment without anyone checking them with a metal detector. On October 18, 1996 two persons entered the licensed establishmeat without being checked with a metal detector. On November 8, 1996 customers were observed entering the Cafe without being checked with a metal detector. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evi3ance, each of whocn th2 licensee or att�rney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owner.s or occupants o£ property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the 3udge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. Notice of Hearing - Page 2 �1 `7-y/ � You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation £or Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have beer, s�ated earlier in this notice may be taken as true. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. I£ you have any questions, you can call me at 266-5710. Very truly yours, i �h � 22LG�'� l J '��'W� Virginia D. Palmer Assistant City Attorney co: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Nancy Thomas, Office of Administrative Hearings, lOC Washington Square, Suite 1700, Mpls, MN 55401 Andy Schneider, Community Organizer, Hamline Midway Coalition, 1564 Lafond Ave., St. Paul, MN 55104 Notice of Hearing - Page 3 April4, 1997 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, SuRe 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Re: Cafe Karaoke OAH Docket No. 73-2111-10912-3 Dear Mr. Owusu: � �- �I� Enclosed is a copy of the tape from the hearing held on February 13, 1997, in the above-referenced matter. The record was returned to you on April 4. Sincerefy, . r �� f . j ��i�� SANDRA A. HAVEN Administrator of Office Services sh Enc. Telephone: 612/341-7642 Providing Impartial Hearings for Government and Citizens An Equal Opp ortu n ity Employer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fau No. (6�2) 349-2665 CITIZEN SERVICE OFFICE Fred Owusu, City CTerk CITY OF SAINT PAUL Norm Colemart, Mayor 170 City H¢U IS W. %ellagg Boulevnrd S�ntPau(,�rtnaota 55102 TeL: 61�266-8989 Far. 6Ib266-8689 web: hup•✓hvww..stpauzgw 7DD: 2668509 June 19, 1997 At the direction of Saint Paul Assistant City Attorney, Paul McCloskey, the original copies of all documentation relating to Council File #97-417 E& K Corporation (d/b/a Checker's Nite Club) have been sent to the Clerk of the Appellate Courts in order to satisfy the requirement of Court of Appeals File Number: CX-97-953. The copies have been filed as the original documents in the City Clerk's office files. ,;�- � � � ,y�� Fre Owusu City Clerk � � -` �-is-5� Paul Mc 1 skey Assistant Ci Clerk STATE OF MINNESOTA IN COURT OF APPEALS E & K Corporation (d/b/a Checker's Nte Club), Relator, �. C�ty of St. Paul, and C5ty Council of the CSty of Saint Paul, Respondents. WRTf OF CERTIORARI COURT OF APP ��R cx � 953 DATE OF MAILING I�TOTICE OF DECISION: May 13, 1997 TO: City of Saint Paul, and City Council of the City of Saint Paul. You aze hereby ordered to return to the Court of Appeals within 30 days from tlus date the record, exlu'bits and proceedings in the above-entitled matter so that this court may review the decision of the C�ty Counc7 of the City of Saint Paul adopted by resolution, Council File #97-417, on Apn7 23, 1997, and maled on the date noted above. Copies of this writ and accompanying petition shall be seived forthwith either personally or by ma� upon respondents and upon attomey for respondents: Peg Birk City Attomey C�ty of Saint Paui 400 C1ty Hall 15 West Kellogg Boulevard Saint Paul, MN 55102 ` �;y � �.. a , ��` . d: v r `, , - �,.�> .� ��, � � 7 �� - �� Proof of seivice shall be filed with the clerk of the appellate courts. Dated: May 23, 1997 �-� ��1�� "� ,�:,� ,� �'�a r,;:">fs� . ��?�.�. ,::�sF7��, r a �' Clerk of AppeUate Courts c�erk -1- �-. �� r , � � � Presented By Referred To Council File # _�� Green Sheet # �- RESOLUTION CITY OF SAINT P L, MINNESOTA �1 7 � � � Committee: Date WHEREAS, the City of 5aint Paui, Office Qf' License, Inspections and Environmental Protection brought an adverse action against the licenses held by Thanh Ngoc Nguyen dJbJa Cafe Kazaoke Do Thanh, £or the premises located at 1275 University Avenue West, alleging a violation of a condition of their license; and WFIEREAS, on or about January 14, 1997 the licensee was duly notified that a heazing had been scheduled before an Adminisirative Law Judge on February 13, 1997; and WtIEREA5, the Administrative Law Judge took the matter under advisement after hearing tesrimony from the Ciry and the licensee, and receiving e�ibits presented by the City; and WHEREAS, the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge dated March 17, 1997 were served on the Council of the Ciry of Saint Paul, with copies sent to the licensee; and WfiEREAS, a public hearing was held on April 2, 1997 to consider the Recommendation, at which fime the licensee did not appear; NOW, TfIEREFORE BE IT RESOLVED, that the City Council of the City of Saint Paul, after due deliberation based upon all the files, records and proceedings herein, inciuding the documents and e�ibits submitted to the Adiniuistrative Law Judge, the Findings of Fact, Conclusions and Recommendation issued subsequent thereto, and the discussion had in open session on April 2, 1997, does hereby adopt and incorparate herein by reference the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge. FURTHER RESOLVED, that all licenses in the name of Thanh Ngoc Nguyen, dJb/a Cafe Karaoke Do Thanh for the premises at 1275 West University Avenue aze hereby suspended for a period of three (3) days, commencing at 12:01 a.m. on , which is the third Wednesday following adoption of this Resolufion by the City Councii. FURTHER RESOLVED, that condifion # 6 on the license sha11 be amended to read as follows, and licensee shall have thirty days from the date of the adoption of this Resolution to come into compliance: "6. There shall be no weapons on the premises at any time and the Licensee shall observe the same restrictions regarding weapons as liquor establishments, as contained in pazagraph 409.06 �4 (o) of the Saint Paul Legislative Code. Without exception, all 1 2 3 4 5 6 patrons shail be required to pass through a�t,ati��i�;;;i��u �`_ /� � �u�a metal detector upon entering the premises." A copy of this Resolution, as adopted, shall be sent by first class mail to the Licensee and the Adruinistrative Law Judge. Requested by Department of: Adopted by Council: Date � a r j'� Adoption Certified by Council Secretary BY: ��_ �,-��,�� Approved by Mayor: Date ` By: By: Form Approved by City Attorney $y: cK �.� �,�� V Approved by Mayor for Submission to Council By: 97- ��h OEPIIRTI�ffNTIDFFiCER'AUNCIL DATE INITATED v V � v c,cy co,�� aPrn ii, i99 GREEN SHEE CONTACT PEAY.ON & PHONE INITIAUDATE INRIAIIDATE ODEPARTMENTDIRECTOR �qTYCOUNCIL Jerry Blakey, 2b6-8610 ASSIGN CITYATfORNEV CRYCLERK MUST BE ON COUNCIL AGENDA BY (�ATE) ROUnNG� � BUDGET DIREG?OR � FIN. 8 MGT. $ERVICES �IR. APLl� 23� 1997 Consent A enda ONDEF � MAVOR (OR ASSISTAN'f) � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIQNS FOR SIGNATUREJ ACTiON qEpUESTED: Finalizing City Council action taken on April 2, 1997, concerning adverse acuon against licenses held by Thanh Ngoc Nguyen, DBA Cafe Karaoke Do Thanh, 1275 University Avenue West. HECOMMEN�ATIONS: Approve (q) or Rejeet (R) pEHSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING CAMMISSION _ CIVIL SERVICE COMMISSION �� Hds this perSOn/Firm ever workBtl under a ContraCt for this tlepartment? _ CIB COMMIT7EE _ YES NO _ STAFF 2. Has this pereonttirm ever been a ciry employee? — YES NO _ DISTRIG7 COUFxi _ 3. Does this person/firm possess a skill not normally possessed by any current clry employe84 SUPPORTS WHICH COUNCIL O&IECrIVE7 YES NO Explain all yes answers on ssparate sheet antl attech to green sheet INITIA7ING PROBLEM. ISSUE, OPPpRTUN17Y (VJno, What, When. Where, Why): E �ElVEb ApR r i �9T I � RR �' g�AIfEY ADVANiAGES IF APPAOVED: DISADVANTAGES IF APPflOVED' �� .. .. ?.. � � r � I ('�1't"[h . ... 2al.C.l DISRDYANTAGES If NOT APPROVED. TOTALAMOUN70FTRANSACTION $ COS7/REVENUEBUOGETED(CIHCLEONE) YES NO FUNDIi1G SOURCE ACTIVITY NUMBER FINANqAL INFORN7ATION� (EXPLAIN) STATE OF MINNESOTA Q R` ```� OFFICE OF ADMINISTRATIVE HEARINGS � � , � 100 Washington Square, Suite 1700 100 Washingto� Avenue South Minneapolis, Minnesota 55401-2138 April 4, 1997 Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 RE: In re the Licenses ofi Thanh Ngoc Nguyen d/bia Cafe Karaoke Do Thanh, 1275 University Avenue West; OAH Docket No. 73-2111-10912-3 Dear Mr. Owusu: Enclosed and served upon you please find Administrative Law Judge Williams' Findings of Fact, Conclusions of Law and Recommendation in the above-entitled matter. Also enclosed is the official record. with the exception of the tape recording of ihe hearing, a copy of which will be sent to you under separate cover. Our file in this matter is now closed. Very truly yours, 1 t l�L'��7't �� Nancy M. Thomas �� Docket Clerk Telephone: 341-7615 NT Enc. Providing lmpartial Hearings for Government and Citizens An Equal Oppoku�ity Employer Administrative Law Section & AdministraUve Services (6'12) 341-76D0 � TDD No. (612) 34�-7346 � Fax No. (612) 349-2665 �'�- 4 STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL LaVon Regan, being first duly sworn, hereby deposes and says that on the 4th of ril, 1997, at the City of Minneapolis, county and state aforementioned, she served the attached Findin�s of Fact. Conclusions of Law and Recommendation of the Administrative Law Judge: Docket No. 73-2111-10912-3, by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Bou{evard St. Paul, MN 55102 � �-�.-�E �"� � � L. LaVon Regan Subscribed and sworn to before me this 4th day of Apri{, 1997. �-c-�-„�. � = C Notary Public . � r�• lOU1SE C. COOPER � - �' �� NOTARY PUBLIC -. ' p�y �wmn. Expfres.fan.3 s ��- `� • II�I�L � � : COUNTY OF HEI3NEPIN AFFIDAVIT OF SERVICE ) ) SS. ? Susan M. Williams, being duly sworn on oath, says that she served a copy of the attached Order upon the following persons by placing copies in first class mail on the following date: March 17, 1997 Ms. Virginia Palmer Assistant City Attomey 400 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Mr. Thanh Ngoc Nguyen Cafe Karaoke Do Thanh 1275 University Avenue West St. Paul, MN 55104 In re the Licenses of Thanh Ngoc Nguyen dlbla Cafe Karaoke Do Thanh 1275 University Avenue West OAH Docket No: 73-2111-10912-3 Subscribed and swarn to before me this <3 t �� day of �'VlARC'tf , 1997 �� Notary Public "� Signed Susan M. Williazns � LAVON REGAN � ''--��., NOTARYPUBUC 4�z'3 HENNEPIN COUPSTY � MYComm.FayiresJan.31.2000 9�-�� OAH Docket No. 73-2111-10912-3 OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF TI� CITY OF SAINT PAUL In re the Licenses of Thanh Ngoc Nguyen dlbla Cafe Kuaoke Do Thanh 1275 University Avenue West FINDINGS OF FACT CONCLUSIONS OF LAW AND RECOMNIENDATION The abov�entitled matter came on for hearing before Administrative Law Judge Susan M. Williams on February 13, 1997, at Room 1504, St. Paul City Hall Annt�, 25 W. 4th Street, St. Paul, MN 55102. The record in this matter closed on Febnxary 13, 1997 upon the close of testimony. Virginia D. Falmer, Assistant City Attorney, appeared on behalf of the Ciry of St. Paul Office of License, Inspections and Environmental Protection. Thanh Ngoc Nguyen, Cafe Karaoke Do Thanh, 1275 University Avenue West, Saint Paul, MN 55104, appeared without counsel. Also present were Nhu Dang, who assisted Mr, Nguyen and translated for him, and Peter Pangborn, Paralegal for the City of St. Pau1. This Report is a recommendation, not a final decision. The City Cauncil wiil make the final decision after review of the record, and may adopt, reject, or modify the Findings of Fact, Conclusions and Recommendations contained herein. Afrer receipt of the Findings, Conclusions and Recommendafions, the City Council shall provide the Licensee an opportunity to present oral or written azguments aileging error on the part of the Administrative Law Judge in the application of the law or interpretation of the facts, and to present argument related to the recommended adverse action_ Upon conclusion of thax hearing, and after considering the record, the Findings of Fact, Conclusions and Recommendation, together with such additional arguments presented at the hearing, the City Council shall determine what, if any, adverse action shall be taken, which action shall be by resolution. 9�- y� � STATEMENT OF ISSITES The issue in this matter is whether the Licensee, Thanh Ngoc Nguyen, complied with all the conditions of his license, specifically the requirement that all patrons of the establishment pass through a metal detector and, if not, what sanction, if any, is appropriate. Based upon all the proceedings herein, the Administrative Law 7udge makes the following: FINDINGS OF FACT 1. Thanh Ngoc Nguyen (hereinafter "Licensee") holds a license to do business for the Cafe Karaoke Do Thanh, located at 1275 University Ave. West, St. Paul, MN. The license is for a restaurant, cigarette sales and cabaret. The license was approved on May 22, 1996 and expires May 22, 1997. [E�chibit l.j The Licensee does not have a liquor license for the premises and no alcoholic beverages are served. 2. The Cafe Karaoke is located in a neighborhood which has experienced some previous difficuities with boisterous custo�ners and the use of weapons. As a result of neighborhood concerns, and after negotiations among the Licensee, his attorney, a neighborhood group and the police, certain conditions were imposed upon the license. These conditions were discussed with the Licensee and his counsel. 3. The following restrictions are made a part of the license: 1. There shall be no loitering outside, adjacent to the establishment, during hours of operation. 2. The establishment shall observe a 1:00 AM closing time, and all patrons shall be off the premises, and the adjacent outside area, by 1:30 AM. 3. The Licensee shall make sure that there are no minors present in the establishment in violation of St. Paul curfew restrictions. 4. The Licensee shall be responsible for removal of trash and debris in the outside adjacent area on a daily basis, and shall make sure that there is no accumulation of trash adjacent to the dumpster in the rear of the buiiding. 5. The license holder shall have trained security personnel on duty during all hours of operation. Off duty, uniformed St. Paul Police officers aze prefened to be used for security. Depending on the availability of St. 9'7� � � � Paul Police, Licensee will attempt to enlist off-duty police as security officer. Such support is usually available on weekends, but during the rest of the week is limited. 6. There shall be no weapons on the premises at any time and the Licensee shall observe same restrictions regarding weapons as liquor establishments, as contained in Paragraph 409.06M of the St. Paul Legislative Code. Without exception. all patrons shall be requued to pass throu�h a metal detector upon enterine the oremises. 7. No gang colors sha11 be allowed to be wom by patrons on the licensed premises. Signs shall be posted to this effect and the Licensee shall consult with St. Paul Police to deternune how to identify gang colors. 8. The Licensee shall post signs to instruct and encourage patrons to not park on the residential streets in the area and to refrain from parking in posted, restricted parking areas, and specifically the Champion Auto parking lot during Champion's noztnal operating hours (9 PM weekdays( 6 PM weekends). 9. L'acensee will use best efforts to comply with a11 the conditions listed above, with reasonable expectation that Licensee sha71 be held to the same compliance standards regarding loitering, parking, trash removal, appearance, etc. as other similar Ciass TII licensed businesses in the area. [E�iibit 2, emphasis added.] 4. In the summer of 1996, Robert Kessler, the Director of the Office of License, Inspections and Environsnental Protection, met with the Licensee and discussed with the Licensee the need to use a metal detector with every customer of the Cafe. The Licensee stated that a walk-thorough detector was too costly and that, until he could afford one, a hand-held unit would be used. There was no evidence that a metal detector was in use in the summer of 1996. 5. On October 11, 1996, at appro�mately 8:00 p.m., Robert Kessler met again with the Licensee at the Cafe Karaoke. There had been a recent incident in the neighborhood involving guns and Kessler wished to ensure that the Licensee was complying with the conditions of his license. The Licensee and Mr. Kessler discussed the use of a metal detector at the licensed location and the Licensee explained that a walk-through metal detector was too expensive. Mr. Kessier agreed that a hand-heid metai detector wouid be acceptabie. Licensee demonstrated a hand-heid metai detector which he stored beknnd a service counter in the rear ofthe premises. 6. On October 17, 1996, at approximately 11:30 p.m., Mr. Kessler returned to the area and watched the Cafe Karaoke from across the street. He observed seven or eight customers entering the door to the business without being searched with a metal detector. Because he was 9�-�� concerned that the conditions of the license were not being met, he directed City inspectors to make follow-up visits. 7. On October 18, 1996, Kristina Schweinler, a licensing inspector, watched the premises from outside and observed severai customers entering the premises without any appearance that they were being stopped at or near the entry and seuched with a metal detector. Ms. Schweinler erttered the licensed premises accompanied with an off-duty police officer. Neither Ms. Schweinler nor the police officer were checked at the door or inside the premises with a metal detector. The off-duty police officer was carrying a gun in a holster and Ms. Schweinler was carrying her badge and mace in her purse. 8. On November 8, 1996, Ms. Schweinler again visited the licensed premises and observed the door from outside. She observed several customers enter the Cafe without being checked by a metal detector. 9. Between November, 1946 and February, 1997, Ms. Schweinler briefly observed the premises on a number of occasions without entering the building. Qn none of these visits did Ms. Schweinler observe a walk-through or hand-heid metal detector being used at or neaz the entry to the Cafe. 10. The door to the Cafe is on University Ave. Inside the door is a red curtain, which blocks the view of the room inside. At the back of the room, appro�mately 50 to 60 feet from the sole customer entrance to the Cafe Kazaoke, is a service counter. The Licensee keeps his hand-heid metal detector behind the service counter. The Licensee usually operates his business alone. e does not ha�e any employees to staff the entrance and to use the metai detector at the door. The Licensee tries to search each customer after they have entered the Cafe and taken a seat. The Licensee then runs the metai detectar over the patrons and does a visual search of purses and bags. 11. On December 10, 1996, Virginia Palmer, Assistant City Attorney, notified the L'acensee of the alleged violation of his licensing conditions and explaining the Licensee's right to a hearing. [EYlubit 3.] 12. By Notice of Hearing dated 3anuary 14, 1997, the Licensee was notified of the date, time and location of the present hearing and the procedures to be followed. [E�ibit 4. ] 97°`f/� Based upon the foregoing Findings of Fact, the Administrauve Law 7udge makes the following: CONCLUSIONS 1. The St. Paul Ciry Council has provided appropriate notice to the Licensee of the allegations and the proposed actions. St. Paui Legislative Code, Section 310.05 (b). 2. The Licensee has appropriately requested a hearing on the issues. 3. The City Council may take adverse action when, imer alia, a licensee or applicant "has failed to comply with any condition set forth in the license, or set forth in the resolution granting or renewing the license." St. Paul Legislauve Code, Section 310.06 (5}. 4. The Licensee has failed to meet the conditions of his license by failing to require all patrons to pass through a metat detector upon enterin� the premises. Although he may require them to submit to a metal detector screening at their tables, this behavior does not meet the requirements of the license and does not suffice to protect the employees and other patrons from those who may be carrying weapons. 5. Insofar as any of the foregoing Findings of Fact are deemed to be Conclusions, they are adopted as such. 6. The above Conclusions are arrived at for the reasons set out in the memorandum which foliows and which is incorQorated into these Conciusions. Based upon the foregoing Findings of Fact, and Conclusions, the Administrative Law 7udge makes the following: RECOMNIENDATIQN IT IS RESPECTFULLY RECOMMENDED that the St. Paul Clty Council suspend the Licensee's license for a period of three days. Dated: March 17, 1997. _' �"�._.�� SUSAN MYKLEBYE WII.LIAMS Administrative Law 7udge Taped: No transcript prepared. 9�-�1i� MEMO1tANDUM The Licensee operates the Cafe Karaoke Do Thanh. The Cafe is a restaurant or ciub-style business in which coffee, so$ drinks and snacks are served. The Licensee holds a license as a restaurant, a cabaret, and to sell cigarettes. The basiness does not have a liquor license, Music is played for the customers and the words to the songs are projected on a screen to allow customers to sing along. The Licensee has no emplopees, atthough he sometimes is helped by a family member. He is open from approximately 4:30 p.m. to midnight or 1:00 a.m. every day and is present on the premises for most of the time it is open for business. The public part of the premises is one room, with tables in the center and booths alona the wails. At the far end of the room from the entry, appro�mately 50 to 60 feet from the door, is a service counter. At the time the Licensee obtained his license to operate the business, the neighborhood and the Ciry were concerned about prior incidents involving weapons and boisterous young people. To address the concerns, the Licensee, his attorney, a neighborhood group and the poiice met and negotiated various conditions to operating the business. The Licensee's license was made conditional upon various protections, including the use of a metal detector on any patrons entering the premises. The purpose of this condition was to prevent the congregation of peopie in Cafe who might be armed and present a danger to employees, other patrons and neighbors. The Licensee has investigated the cost of a walk-through metal detector and has discovered that a used metal detector would cost appro�mately $5,000.00. This cost is currently prohibit3ve based upon the nature and small income of the Licensee's business. 1VIr. Kessler, on behalf of the City, has agreed with the Licensee that a hand-held metai detector, used properly, would suffice to meet the condition of the license. The Licensee has purchased an operable hand-held detector which he keeps behind the counter in the Cafe. The Licensee understands the reasons for the requirement of using a metal detector on the patrons of his buslness and understands that the metal detector is a condition of his license. Because the Licensee has no employees, he runs the Cafe alone. He is unable to maintain a staff member at the door to the business and does not screen every patron with the metal detector as they enter. The Licensee states that he screens each customer after they are in the Cafe, at their seats or by the counter where the wand is kept, by running the metal detector over the people and g7-�1� searching their purses and bags. There is no dispute that the Licensee does not use the metal detector at the door to the business. The Licensee confirmed that he did not use the metal detector on Ms. Schweinler and the piain clothes police of6cer when they entered the Cafe on October 11, 1996. Ae states that he did not screen them because he knew they were inspectors and that he believed screening them was unnecessary. Although both Ms. Schweinler and Mr. Kessler observed the business on several occasions from outside and did not observe any metal detector use at the door, they were unable to see far enough inside the premises to see whether the metal detector was used inside by the pcounter or by the tables. However, even if the Licensee was using the metal detector at the tahles, such use would not provide the protection to employees and other patrons that the use of a metal detector at the door would provide. Screening near the tables, after patrons have entered and have taken their places at tables or in booths does not allow the Licensee to prohibit entry by armed or disruptive individuals. Because the Licensee has fa3led to meet an important condition of his License, by failing to properly screen entering individuals at the door, it is appropriate that a sanction be imposed. SM4V ��- yl� OFSICE OF ADMIISISTRATIVE HEARINGS FOR THE COUNCIL OB THE CITY OF SAINT PAUL In re the Licenses of Thanh Ngoc Nguyen dJb/a Cafe Karaoke Do Thanh 1275 Unive_sity Avenue West CITY'S PROPOSED EXHIB=TS February 13, 1997 TO: Judge Susan Williams, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City's proposed exhibits for the Administrative Aearing on Thursday, February 13, 1997. Exhibit No Exh. No. 1 Exh. No. 2 Exh. No. 3 Exh. No. 4 Description License information regarding Thanh Ngoc Nguyen d/bfa Cafe Karaoke Do Thanh (1 p.); License Restriction Screens regarding Thanh Ngoc Nguyen d/b/a Cafe Karaoke Do Thanh (4 pp.); Notice of Violation letter dated December 10, 1996, with Affidavit of Service (3 pp.}; Notice of Hearing letter dated January 14; 1997, with Affidavit of Service (4 pp.). �7 y/�o Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 St. Paul Legislative Code § 310.17 Respectfully submitted this 13th day of February, 1997. � �� Virgi a D. Palmer Assistant City Attorney Office of The City Attorney 400 City Ha11 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 9 �1 � �llp Lic ID ................... STAT ..................... Susiness Name............ Address.........•••...._. Zip .................••••- Doing Business As........ License Name ............. E�;p Date.........-•-•••.- Insurance Carrier.......: Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Sxp Date..... Telephone ................ 14116 RS TFiANH NGOC NGUYEN 1275 UNIVERSITY AVE W 55104 CAFE KAROAKE DO THANH RESTAURANT (C)-LIMITED CIGARETTE CABARET - CLASS A OS/22f97 PH NOTICES SSNT OUT 4/15/96 HEARING SET FOR 5/8/9 6 88 MAILED, 33 E-MAILED, 3 INTEROFFICE 5/8/96 APPN FOR NEW CABARET LAID OVER 5/22/96 APPN FOR NEW CABARET LIC APP'D CF #96-489 2638579 645-9231 Press 'C' to continue, 'P' to print, or `R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° � . In Re the Licenses of Thanh N goc Nguyen d/b/a Cafe Karaoke Do Thanh City's Exh. No. i RES2RICTIONS SCREEN LICENSE ID: 14116 DBA:CAE'E KAROAKE DO TAANH NOTE: 1:1. THERE SHALL BE NO LOITERING OUTSIDE, ADJACENT T 2:0 THE ESTABLISHMENT, DURING HOT3RS OF OPERATION. 3:2. THE ESTABLISHMENT SHALL OBSERVE A 1:00 AM 4:CLOSING TIME, AND ALL PATROI3S SHALL BB OFF THE 5:PREMISES, A13D THE ADJACENT OUTSIDE AREA, BY 1:30AM 6:3. THE LICENSEE SHALL MAKE SURE THAT THERE ARE NO 7:MINORS PRESENT IN THE ESTABLISHMENT IN VIOLATION 8:OF ST PAUL CURFEW RESTRICTIONS. 9:4. THE LICENSEE SHALL BE RE5PONSIBLE FOR REMOVAL lO:OF TRASH AND DEBRIS IN THE OUTSIDE ADJACENT AREA O 11:N A DAILY BASIS, AND SHALL MAKE SURE THAT TAERE IS 12: NO ACCUMUI,ATION OF TRASH ADJACEI3T TO THE DUMPSTER 13:IN THE REAR OF THE BUILDING. 14:5. TAE LICENSE HOLDSR SHALL HAVE TRAINED SECURITY 15:PERSONNEL ON DUTY DURING ALL HOURS OF OPERATION. �17� `� Date: Dec 5 . � In Re the Licenses of Thanh Ngoc Nguyen � dlbia Cafe Karaoke Do Thanh " Citv's Exh. No. 2 g7-y1� Date: Dec 5 RESTRICTIONS SCREEN LICENSE ID: 14116 DBA:CAFE KAROARE DO THANH NOTE:I6:OFF DUTY, UNIFORMED ST PAUI, POLICE OFFICERS ARE 17:PREFERRED TO BE USED FOR SECURITY. DEPENDING ON 18:THE AVAILABILITY OF ST PAUL POLICE, LICENSEE WILL 19:ATTEMPT TO ENLIST OFF-DUTY POLICE AS SECURITY 20:OFFICERS. SUCH SUPPORT IS USUALLY AVAILABLE ON 21:WEEKENDS, BUT DURSNG TfiE REST OF TIiE WEEK IS 22:LIMITED. 23:6. THERE SHALL BE NO WEAPONS ON THE PREMISES AT 24:ANY TIME AND THE LICENSEE SHALL OBSERVE THE SAME R 25:RESTRICTION5 REGARDII3G WEAPONS AS LIQUOR 26:ESTABLISHMENTS, AS CONTAINED IN PARAGRAPA 409.06M 27:OF THE ST PAUL LEGISLATIVE CODE. WITHOUT 28:EXCEPTION, ALL PATRONS SHALL BE REQUIRED TO PASS 29:THROUGH A METAL DETECTOR UPON ENTERING THE 30:PREMISES. g7-�fl� RESTRICTIONS SCREEN LICENSE III: 14116 DBA:CAFE RAROARE DO THANH NOTB:31:7. NO GANG COLORS SHALL BE ALLOWBD TO BE WORN BY T 32:PATRONS ON THE LICENSED PREMISES. SIGNS SHALL BE 33:POSTED TO THIS EFFECT AND THE LICENSEE SHALL 34:CONSULT WITH SAINT PAUL POLICE TO DETERMINE HOW TO 35:IDENTIFY GANG COLORS. 36:8. THE LICENSEE SHALL P03T SIGNS TO INSTRIICT AND C 37:ENCOURAGE PATRONS TO NOT PARK ON THE RESIDENTIAL 38:STREETS IN THE AREA ANp TO REFRAIN FROM PARKING IN 39:POSTED, RESTRICTED PARKIN6 AREA5, AND SPECIFICALLY 40:THE CHAMPION AUTO PARKING IAT IIURING CHAMPION'S 41:NORMAL OPERATING HOURS (9:PM WEEKDAYS/6:PM WEEKEND 42:5) 43:9. LICENSEE WILL USE BEST EFFORTS TO COMPLY WITH 44:ALL TIiE CONDITIONS LISTED ABOVE, WITH REASONABLE 45:EXPECTATION THAT LICENSEE SFIALL BE HELD TO TIiE Date: Dec 5 CITY OF SAINT PAUL Norm Coleman, M¢yor March 19, 1997 OFFTCE OF THE CITY ATTORNEY Peg Bir14 City Attomey � 9 7-' ��- Civit Division 400 City Hall 7elephone: 672 166-8710 IS West Kel7ogg Blvd Facsimile: 611298-5619 SaintPaul, Minnesota 55102 AIOTICE QF CQUNCIL HEARING Mr. Thanh Ngoc Nguyen Cafe Karaoke Do Thank 1275 University Avenue West Saint Paul, Minnesota 55104 Re: Licenses held by Thanh Ngoc Nguyen d/b/a Ca£e Karaoke Do Thanh for the premises located at 1275 University Ave. West in St. Paul License ID No.: 14116 File I3umber:G96-0624 Dear Mr. Thanh Ngoc Nguyen: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned license has been scheduled for 4:30 p.m., Wednesday, April 2, 1997, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written argument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, � VG�C��L�u Q��V��l Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Robert Kessler, Director, Christine Rozek, LIEP Andy Schneider, Community 1564 Lafond Ave., St Council Secretary, 31� City Hall LIEP Organizer, Hamline Midway Coalition, . Paul, MN 55104 i OFFICf` F 1"HE CITY ATTORNEY Timorhy t C" At . nr; rry torney 9 �- yi� CITY OF SAIl�TT PAUL I�'arm Colemon, Mayo� December 10, 1996 Mr. Thanh Ngoc Nguyen Cafe Karaoke Do Thanh 1275 University Avenue West Saint Paul, Minnesota 55104 Civil Divrsion 400 Ciry HaU IS A'est Ketlogg BHd Saint Pau� M'�esom SSl D2 Telephone: 6)1266-8770 Facsimik, 611798-56I9 RE: All licenses held by Thanh Ngoc Nguyen d/bJa Cafe Karaoke Do Thanh for the property located at 1275 University Ave. W. License ID No.: 14116 Our File No.: G96-0624 Dear Mr. Thanh Ngoc Nguyen: I am in receipt of information that could lead to adverse action against your licenses. The basis for the advezse action is: One of the coadiCions of your license requires that all patroas shall be required to pass through a metal detector upon entering the premises. On October 11, 1996 the Director of the Office of Licenae, Inspections and Eavironmental Protection went to Cafe Itaraoke at approximately 9:00 p.m. to discuss a police report of a shooting ia which s�spects had indicated they had been at the Cafe earlier in the eveaing. Mr. Ressler talked to Mr. Thanh to stress the importaace of usiag a metal detector ia acaordance with the license condition. Mr. Thanh indicated that a walk- through metal detector was too expensive, and Mr. Ressler stated that a hand held device would be acceptable. Mr. Thanh then showed him one that was behind a counter in the rear of the premiaes. On October 17, 1996 at approximately 11:30 P•m., Mr. Kessler watched seven or eight customers enter the establisbment without anyone standing at the door to use the metal detector. � � In Re the Licenses of Thanh Ngoc Nguyen d/b/a Cafe Karaoke Do 1'hanh Citv's Exh. No. 3 - _. _ ��-�!� On October 18, 1996 Rristiaa Schweinler, a licensing iaspector, weat to the premises to eheck compliauce with the conditioas. She was with aa off-duty police officer who had a gun oa his persoa. Neither the officer aor Ms. Schweialer were checked at the door and Mr. Thaah again stated that he could not afford to comply with the cozlditioa. On November 8,�1996 'Ms. Schweinler observed the premises from next door and saw customers entering the Cafe without anyone using the hand held metal detector. If you don't dispute the facts highlighted above, this matter will be scheduled before the St. Pau1 City Council for a hearing to determine what penalty, if any, to impose. You will be allowed to speak on your behalf at that hearing. I will need a letter from you saying that you do not dispute the facts, to present this matter directly to the City Council. On the other hand, if you wish to dispute the above facts, 2 will schedule an evidentiary hearing before an Administrative Law Judge (ALJ). You will receive a"NOtice of Hearing," so you will know when and where to appear, and what the basis for the hearing will be. In either case, you should contact me within ten days from the date of this letter to let me know how you would like to proceed. Please call me or have your attorney call me at 266-8714. Very truly yours, �� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Andy Schneider, Community Organizer, Aamline Midway Coalition, 1564 Lafond Ave., St. Paul, MN 55104 , � �i �- vi� STATE OF MINNESOTA ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RP.MSEY ) JOPNNE G. CLEMENTS, being first duly sworn, deposes and says that on December 10, 1996, she served the attached LETTER on the � following named person by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Thanh Ngoc Nguyen Cafe Karaoke Do Thanh 1275 University Avenue West St. Paul, MN. 55104 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this lOth day of December, 1996. ", � �,� N t ubl •� ///��-''' �� KATHRYN J. McIAJGu' Ih� � NOTkRY PUBLIC - IrIN�JESO iA �5-� RAtJiSEY COUNTY tdy Comm, Expires Jan. 31, 2W0 � _ � , OFF3CE OF THE CITY ATTORNEY Timorhy E Mars, Cary Anome� ��`� f � /� f CITY OF SAINT PAUL Notm Coleman, Mayor G•il Divisian 400 Cuy Xal( IS West Rellogg Blvd Saint Pauy M'vmesom s5IO2 7'efephone: 612 266-8710 Faesimi(c 671198-5619 January 14, 1997 NOTICE OF HEARING Mr. Thanh Ngoc Nguyen Cafe Karaoke Do Thznh 1275 University Ave�ue West Saint Paul, Minnesota 55104 RE: Al1 licenses held by Th�nh Ngoc Nguyen d/b/a Cafe Karaoke Do Thanh for the property located at 1275 University Ave. W. License ID No.: 14116 Our File No.: G96-0624 Dear Mr. Thanh Ngoc Nguyen: Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above: Date: Thursday, Bebruary 13, 1997 Time: 9:30 a.m. Place: Room 1504 St. Paul City Hall Annex 25 W. 4th Street St. Paul, NIId. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Ninnesota Office of Administrative Hearings: Name: Susan Williams Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, NQ7. 55401 Telephone: 341-7615 The Council of the City of S?int Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Pa•11 Legislative Code. In the case of /0 . �� In Re the Licenses of Thanh Ngoc i�Tguyen — d!b/a Cafe Karaoke Do Thanh –' City's Exh. No. A �7-y/�p licenses for intoxicating and non-intoxicating liquor, authority is also conveyed by N,innesota Statutes section 340A.415. Adverse action may incluce revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licer_ses you hold at the above premises as follows: One of the conditions of your license requires that all patrons shall be required to pass through a metal detector upon entering the premises. Oa October 17, 1946 at approximately 11:30 p.m., seven or eight customers were observed entering the establishment without anyone checking them with a metal detector. On October 18, 1996 two persons entered the licensed establishment without being checked with a metal detector. On November 8, 1996 customers were observed entering the Cafe without being checked with a metal detector. You have the right to be re�resented by an attorney before and during the hearing or you c�n represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducte3 in accordance with the requirements of Minnesota Statutes sectiors 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the rscord. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of t'r_e proceeding; for example, the owners or occupants of property locG��d in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arg::ments may be made by the parties. Following the hearirg, the �•�dge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. Notice o� Hearing - Page 2 1?-�'J� You should bring to the hearing a11 documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that tnis matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stiaulation will be presented to the Administrative Law 3udge for incc� into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated eG=lier in this notice may be taken as true. If non-public data is received ?nto evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any ql:estions, you can call me at 266-8710. Very truly yours, / �� p .,j 3.:'L2LL o2 � �/ GY/'Y�P/� Virginia D. Palmer Assistant City Attorney cc: NanCy Anderson, Assistant Council Secretary, 31.0 City Hall Robert Kessler, Director, LIEP Christine Roz=k, LIEP Nancy Thomas, Office of Administrative Hearings, 100 Washingtoa Square, Suite 1700, Mpls, MN 55401 Andy Schneider, Community Organizer, Hamline Midway Coalition, 1564 Lafond Ave., St. Paul, MN 55104 Notice of Hearing - Page 3_ l7-Lll�p STATE OF MINNESOTA ) SS. ARSIIIAVIT OF SERVICE BY MAIL COUNTY OF RAI�SEY JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on January 14, 1997, she served the attached NOTICE OF AEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Thanh Ngoc Nguyen Cafe Karaoke Do Thanh 127� University Avenue West St. Paul, MN. 55104 (which is the last known addresses of said person) and depositing the same, with postage prepaid, in the Unix �d States mails at St. Paul, MinnesoCa. � \ ^ , Subscribed and sworn to before me this 14th day of January, 1997. �� /i� /� � . . � ' RtTA M. BOSSARD � NOTA4IY PUBUC MIRNeSOTA ppM$EY COUNTY �0y Cortm;, Exq,es,sea+. at zo� � 9�-��4� § 310-15 LEGISL.4TIVE CODE definition in section 310.01, shall for the purpose of this section include the individual partners or members of any partnership or corporation, and as to corporations, the officers, agents or mem- bers thereof, who shall be responsible for the violation. (Code 1956, § 510.15) Sec. 310.16. Reserved. Editor's note-Section 330.16, pertaiaing to license fees and annual increases, aad derived from Ord. No. 16885, adopted Feb. 11, 1982; Ord. \o. 17059, adopted Oct. 20, 1983; and Ord. No. 17303, adopted Oct. 29, 1985, was repealed by Ord. No. 17884, § 1, adopted Vov 19, 1991. Sec. 310.17. Licensee's responsibility. Any act or conduct by any clerk, employee, manager or agent of a licensee, or by any person providing entertauiment or working for or on behalf of a licensee, whether compensated or not, which act or conduct takes place either on the licensed premises or in any pazking lot or other area adjacent to (or under the lease or control ofl the licensed premises, and which act or conduct violates any state or federal statutes or regula- tions, or any city ordinance, shall be eonsidered to be and treated as the act or conduct of the licensee for the purpose of adverse action against all or any of the licenses held by such licensee. To the sxtent this section is in confiict with sections 409.14 and 410.09 of the Legislative Code, this section shall be controlling and prevail; but shail not otherwise amend, alter or affect such seetions. (Ord. No. 17629, § 1, 1-31-89) Sec. 310.18. License fee schedule. Notwithstanding the provision of any other ordinance or law to the contrary, the following fees aze hereby provided for all the licenses listed herein. These fees supersede all inconsistent pro- visions, including, but not limited to, graduated fee provisions, in these chapters and in other ordinances and laws, and include the fee for the license application as part of the license fee; provided, however, that this section does not amend or modify sections 310.09(a) or 310.09(d) of the Legislative Code with respect to exempt orga- nizations or late fees. Pursuant to section 310.09(6) of the Legislative Code, these schedules shall be posted in the office of the director of the office o£ license, inspections and environmental protec- tion. These fees shall be effective for license renewals and new license applications occurring on and after January 1, 1995, or on the effective date of this section, whichever is later; provided, however, that with respect to all licenses whose renewal dates occur after the effective date of this new schedule, there shall be no increases in, nor offsets or refunds of, the existing fees paid, or due and owing. (a) ENFORCEMENT LEVEL 1 Ch¢pter/Section No. License Description Fee 167 Commemial Uehicle $66.00 198.04 Keeping of animals (Exotic Pets) 66.00 316 Animal Foods Maaagement & Dis- tribntion 66.00 317 Amusement Rides 66.00 323 Christmas Tree Sales 66.00 325 Close Out Sale 66.00 327 Dry Cleaning Pickup Station 66,00 332 Liquid Fuei Vehicte 66.00 333 $olid Fuel Vehicle 66.00 336 private Fuel Pump 66.00 340 Mercantile Bzokez 66.00 3Q5 Peddler (SoliciWrlhansient) 66.00 348 Re¢tal ot Cluthiag & Vehicle 66.00 349 Rental of Clothes Attire Vehicle 66.00 350.02 Rental of Hospita7 Equipment 66.00 350.02 RentalofHospitalEquipmentYe- hicle 66.00 351 Rental of 2iitchenwaze 66.00 353 Roller Rinks 66,OQ 355.01 Secoadhand Dealer (a) & (b) Siagle Location 66.00 357.03 Refuse Hauler-Each Vehicle Ovez One 66.00 359 Sound 2rucks & Broadcast Vehi- cles 66.00 371 Finishing Shop 66.00 361.14 1bw 7}ucklWrecker Vehicle 66.00 362 1Yee 7Yimmer-Additional Vehicle 66.00 372 15re Recapping Plant 66.00 376.16fd) Taxicab Driver (new) 66.00 377 Lawn Fertilizer & Pesticide Ap- plication 66.00 360 Tanning Facility 66.00 382 Pet Grooming 66.00 409.11 Outdoor Change in Service Area 66.00 412 :4Iassage Centez (Class B) 66.D0 414 Massage Therapist 66.00 424.02 Gasoline Filling Stations 66.00 Supp.No.33 2036 �7-yi� f (b) Cl¢ss 77 licenses. Where an application for the grant, issuance or renewal of a Ciass II license meets all the requirements of law, and there exists no ground for denial, revocation oz suspen- sion of, or the imposition of conditions upon, such license, the director shall grant, issue or renew said license in accordance with the application. (c) CZ¢ss Z and Cl¢ss II Zicenses, if denied by director. In the event the director, in the case of both Class I and Class II licenses, determines that the application for grant, issuance or re- newal of the license does not meet all the require- ments of law or that there ezcist gcounds for denial, revocation, suspension or other adverse action against the license or the licensee, the director shall recommend denial of the applica- tion and follow the procedures for norice and hearing as set forth in section 310.05. (d) Cl¢ss ZII ticenses. (1) Grant, issuance or tr¢nsfer. Upon receipt of a fully compieted application and required fees for a Class III license, and after the investigation required, the director shall notify the council. A public hearing shall be held on the grant or issuance of all Class III licenses. In any case where the director recommends denial of the grant, issuance or renewal of a Class III license, or where the council believes that there is evidence which might result in action adverse to the origina] or renewal application, the direc- tor on his or her own initiative, or at the direction of the council, shall follow the pmcedures for notice and hearing as set forth in section 310.05. Where the applica- tion for the grant, issuance or renewal of a Ciass IIT license meets all the require- ments of law, and where there e�sts no ground for adverse action, the council shall by resolution direct that the director issue such license in accordance with law. (2) Renewal. The director shail 3n writing no- tify the council, and the affected neighbor- hood organization(s) established for citizen participation purposes, at least siYty (60) days before the expiration date of all Class III licenses. A public hearing on the re- newal of any such license shall not be held Supp. No. 33 LICENSES § 310.05 except on the request of a councilmember, which request shall be incorporated in the farm of a council resolution. Upon the pas- sage of such resolution, the director shall give written notice of such hearing to the afFected neighborhood organizations. Such public hearing does not replace or amend any of the procedures set forth in section 310.05 of the Legislative Code. If no re- quest for a public hearing is made before the expiration of any such license, and where there exists no ground for adverse action, the director shall issue the license in accordance with law. (e) Appe¢l; Class I or Cl¢ss II licenses. An appeal to the city council may be taken by any person aggrieved by the grant, issuance oz re- newal of a Class I or Class II license; provided, however, that the appeal shall have been filed with the city clerk within thirty (30) days after the action by the director. The only grounds for appeal shall be that there has been an error of law in the grant, issuance or renewal of the license. The appeal shall be in writing and shall set forth in particular the alleged errors of law. Ttie council shall conduct a hearing on the appeal within thirty (30) days of the date of filing and shall notify the licensee and the appellant at least ten (10) days prior to the hearing date. The proce- dures set forth in section 310.05, insofar as is practicable, shall apply to this hearing. Following the hearing, the council may affirm or remand the matter to the inspector or director, or may reverse or place conditions upon the license based on the council's determination that the decision was based on an error of law. The filing of an appeal shall not stay the issuance of the iicense. (fl No w¢iver by renew¢l. The renewal of any license, whether Class I, II or III, shall not be deemed to be a waiver of any past violations or of any grounds for imposition oF adverse action against such license. (Code 1956, § 510.04; Ord. No. 17455, § i, 5-21-87; Ord. No. 17551, § 1, 4-19-88; C.F. No. 94-500, § 1, 7-6-94; C.F. No. 95-473, § 3, 5-31-95; C.F. No. 9a-1517, 1-31-96) Sec. 310.05. Hearing procedures. (a) Aduerse action; notice ¢nd hearing require- ments. In any case where the council may or 2027 9 �--y/� § 310.05 LEGISLSTIVE CODE intends to consider any adverse action,including the revocation or suspension of a license, the imposition of conditions upon a license, or the denial of an appHcation for the grant, issuance or renewal of a license, or the disapproval of a license issued by the State of 1Vlinnesota, the appficant or licensee shall be given notice and an opportunity to be heard as provided herein. The council may consider such adverse actions when recommended by the inspector, by the director, by the director of any executive department estab- lished pursuant to Chapter 9 of the Charter, by the city attomey or on its own initiative. (b) Notice. In each such case where adverse action is or will be considered by the council, the applicant or licensee shall have been notified in cvriting that adverse action may be t�en against the license or application, and that he or she is entitled to a hearing before action is tal;en by the council. The notice shall be served or mailed a reasonable time before the hearing date, and _ shall state the place, date and time of the hearine. �'S The notice shall state the issues involved or ' grounds upon which the adverse action may be sought or based, The council may request that sueh written notice be prepazed and served or mailed by the inspector or by the city attorney. (c) He¢ring. Where there is no dispute as to the facts underlying the violation or as to the facts establishing mitigating or aggravating circum- stances, the hearing shall be held before the council. Otherwise the hearing shall be conducted before a hearing esaminer appointed by the coun- eil or retained by contract with the city for that purpose. The applicant or the licensee shall be provided an opportunity to present evidence and azgument as well as meet adverse testimony nr evidence by reasonable cross-eaamination and rebuttal evidence. The hearing eaaniiner may in its discretion permit otherinterested persons the opporiunity to present testunony or ec�idence or otherwise participate in such hearing. (o-l) Procedure; hearing ex¢miner. The hearing examiner shall hear all evidence as may be pre- sented on behalf of the city and the applicant or lieensee, and shall present to the council written Findings of fact and conclusions of law, together with a recommendation for adverse action. The councii shall considet the evidence con- tained in the record, the hearing eaaminer's rec- ommended findings of fact and conclusions, and shall not consider any factual tzstimony not pre- viousiy submitted to and considered by the hear- ing e%aminer. After receipt of the hearing examiner's findings, conciusions, and recommen- dations, the council shall provide the applicant or licensee an oppoxtunity to present oral or caritten arguments alleging error on the part of the exam- iner in the application of the law or interpretation of the facts, and to present azgument related to the recommended adverse action. Upon conclu- sion of that hearing, and after considering the record, the examiner's findings and recommenda- tions, together with such additional arguments presented at the hearing, the council shall deter mine what, if any, adverse action shall be taken, which action shall be by resolution. The council may accept, reject or modify the findings, conclu- sions and recommendations of the hearing exam- iner. (c-2) Ex parte contacts. If a license matter has been scheduled for an adverse hearing, councii members shall not discuss the license matter with each other or with any of the parties or interested persons involved in the matter unless such dis- cussion occurs on the record during the hearings of the matter or during the council's final deliber- ations of the matter. No interested person shall, with knowledge that a license matter has been scheduled for adverse hearing, convey or attempt to convey, orally or in writing, any information, argument or opinion about the matter, or any issue in the matter, to a council member or his or her staff until the council has taken finai action on the matter; provided, however, that nothing herein shall prevent an inquiry or communica- tions regazding status, scheduling or procedures conceming a license matter. An interested person, for the purpose of this paragraph, shall mean and include a person who is an officer or employee of the licensee which is the subject of the scheduled adverse hearing, or a person who has a financial interest in such licensee. (d) Licensee or applic¢nt m¢y be represented. The licensee or applicant may represent himself or choose to be represented by another. �:\`;: J� Supp. No. 33 2�2$ 97-yi� LICEA*SES (e) F.ecord; evidence. The hearing examiner shall receive and keep a record of such proceedings, including testimony and e�ibits, and shall re- ceive and give weight to e��idence, including heaz- say evidence, which possesses probative ralue com- monly accepted by reasonable and prudent persons in the conduct of their affairs. (t) Council action, resolution to contain find- ings. Where the council takes adverse action with respect to a license, licensee or applicant for a license, the resolution by k•hich such action is tak- en sha11 contain its findings and deter�ination, including the imposition of conditions, if any. The council may adopt all or part of the findings, con- clusions and recommendations of the hearing ex- aminer, and incorporate the same in its resolution taking the adverse action. (g) Additional procedures where required. Where the provisions of any statute or ordinance require additional notice or hearing procedures, such pro- visions shall be complied with and shall super- sede inconsistent provisions of these chapters. This shall include, without limitation by reason of this specific reference, Minnesota Statutes, Chapter 364 and Minnesota Statutes, Section 340A.415. (h) Discretion to hear notwithst¢nding with- dr¢w¢Z or surrender of applicatian or ticense. The council may, at its discretion, conduct a hearing or direct that a hearing be held regarding revocation or denial of a license, notwithstanding that the applicant or licensee has attempted or purported to withdraw or surrender said license or applica- tion, if the attempted withdrawal or surrender took piace after the applicant or licensee had been notified of the hearing and potential adverse aa tion. (i) Contirzuances. Where a hearing for the pur- pose of considering revocation or suspension of a license or other disciplinary action invoh-ing a li- cense has been scheduled before the council, a continuation of the hearing may be granted by the council president or by the council at the request of the licensee, license applicant, an interested person or an attomey representing the foreaoing, upon a showing of good cauce 6y the party making the request. § 310.05 (j) ff the council imposes an adverse action as defined in section 310.01 above, a generic notice of such action shall be prepared by the lieense in- spector and posted by the licensee so as to be vis- ible to the public during the effective period of the adverse action. The licensee shall be responsible for taking reasonable stc�s to make sure the no- tice remains posted on the front door of the li- censed premises, and failure to take such reason- able precautions may be grounds for further adverse action. (k) Imposition of costs. The council may impose upon any licensee or license applicant some or aIl of the costs of a contested hearing before an inde- pendent hearing examiner. The costs of a contest- ed hearing include, but aze not iimited to, the cost of the administrative law judge or independent hearing examiner, stenographic and recording costs, copying costs, city staff and attorney time for which adequate records have been kept, rental of rooms and equipment necessary for the hear- ing, and the cost of expert witnesses. The council may impose ali or part of such costs in any given case if (i) the position, claim or defense of the licensee or applicant was frivolous, azbitrary or capricious, made in bad faith, or made for the pur- pose of delay or hazassment; (ii) the nature of the violation was serious, or involved violence or the threat of violence by the licensee or employees thereof, or involved the sale of drugs by the lic- ensee or employees thereof, andJor the circum- stances under which the violation occurred were aggravated and serious; (iii) the vialation created a serious danger to the public health, safety or welfare; (iv) the violation involved unreasonable risk of harm to wlnerable persons, or to persons for whose safety the licensee or applicant is or was responsible; (v) the applicant or licensee was sufficiently in control of the situation and there- fore could have reasonably avoided the violation, such as but not limited to, the nonpayment of a required fee or the failure to renew required in- surance policies; (vi) the violation is covered by the matrix in section 409.26 of the I,egislative Code; or (vii) the violation involved the sale of cigarettes to a minor. (1) Imposition of firzes. The council may impose a fine upon any licensee or license applicant as an adverse license action. A fine may be in such Supp. No. 3a `LO`L9 § 310.05 9 7-�ltP LEGISL�TIVE CODE amount as the councii deems reasonable and ap- propriate, having in mind the regulatory and en- forcement purposes embodied in the particulaz li- censing ordinance. A fine may be in addition to or in lieu of other adverse action in the sole discre- tion of the council. To the extent any other pm�z- sion of the Legislative Code pro�zdes for the im- position of a fine, both provisions shall be read together to the extent possible; provided, howev- er, that in the case of any conflict or inconsistency, the other provision shall be controlling. (Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-58; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. Z�'o. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. ?�TO. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94; C.F. No. 94-1340, § 2, 10-19-94; C.F. No. 95-473, § 4, 5-31-95) Sec. 310.06. Revocation; suspension; adverse actions; imposition of condi- tions. (a) Council may t¢ke ¢dverse ¢ction. The coun- cil is authorized to take adverse action, as defined in section 310.01 above, against any or all licenses or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse ac- tions against entertainment licenses issued under Chapter 411 of the Legislative Code may be initf- ated for the reasons set forth in subsection (b) below, or upon any lawful grounds which aze com- municated to the license holder in writing prior to the hearing before the council. Such acfions shall be initiated and carried out in accordance with the procedures outline in section 310.05; provid- ed, however, that the formal notice ofhearing shall be used to initiate the adverse action without the use of prior procedural steps. (b) Basis for action. Such adverse action may be based on one (1) or more of the following rea- sons, which are in addition to any other reason specifically provided by law or in these chapters: (1) The license or permit was procured by mis- representation of material facts, fraud, de- ceit or bad faith. t2) The applicant or one (1) acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application. (3) The license was issued in violation of any of the provisions of the Zoning Code, or the premises which are licensed or which aze to be licensed do not comply with applicable health, housing, fire, zoning and building codes and regulations. (4) The license or permit was issued in viola- tion of law, without authority, or under a material mistake of fact. (�) The licensee or applicant has failed to com- ply with any condition set forth in the li- cense, or set forth in the resolution grant- ing or renewing the license. (6) a. The licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee or applicant) has violated, or performed any act which is a violation of, any of the provisions of these chapters oz of any statute, ordi- nance or regulation reasonably related to the licensed activity, regardless of whether criminal chazges have or have not been broughtin connection there- with; b. The licensee or applicant has been con- victed of a crime that may disqualify said applicant from hoiding the license in question under the standazds and procedures in ?vlinnesota Statutes Chapter 364; or c. The licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee 6r applicant) has engaged in or permitted a pattern or practice of conduct of failure to comply with laws reasona6ly related to the li- censed activity or from which an infer- ence of lack of fitness or good character may be drawn. (7) T'he activities ofthe licensee in the licensed activity created or have created a serious danger to the public health, safety or wel- faze, or the licensee performs or has per- formed his or her work or activity in an unsafe manner. (8) The ticensed business, or the way in which such business is operated, maintains or per- ��d �i Supp. No. 30 2030 § 310.05 q 7-�//fp LEGISL9TIVE CODE amount as the council deems reasonable and ap- propriate, having in mind the regulatory and en- forcement purposes embodied in the particulaz li- censing ordinance. A fine may be in addition to or in lieu of other adverse action in the sole discre- tion of the council. Tb the extent any other provi- sion of the Legislative Code proczdes for the im- position of a�fine, both provisions shall be read together to the eatent possible; prorided, howev- er, that in the case of any conflict or inconsistency, the other provision shall be controlling. (Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.E ?�TO. 94-46, § 7, 2-2-94; C.F. No. 94-898, y�§ 2, 3, 7-13-94; G.F. No. 941340, § 2, 10-19-94; C.F. \o. 95-473, § 4, 5-31-95) Sec. 310.06. Revocation; suspension; adverse actions; imposition of condi- tions. (a) Council may take adverse ¢ction. The coun- cil is authorized to take adverse action, as defined in section 310.01 above, against any or all licenses or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse ac- tions against entertainment licenses issued under Chapter 411 of the Legislative Code may be initi- ated for the reasons set forth in subsection (b) below, or upon any lawfut grounds which are com- municated to the license holder in writing prior to the hearing before the council. Such actions shall be initiated and carried out in accordance K�ith the procedures outline in section 310.05; provid- ed, however, that the formal notice of hearing shall be used to initiate the adverse action svithout the use of prior procedural steps. (b) Basis for action. Such adverse action may be based on one (1) or more of the fol]owing rea- sons, which are in addition to any other reason specifically provided by law or in these chapters: (1) The license or permit was procured by mis- representation of material facts, fraud, de- ceit or bad faith. (2) The applicant or one (1) acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application. (3) The license was issued in violation of any of the provisions of the Zoning Code, or the premises which aze licensed or which are to be licensed do not comply with applicable health, housing, fire, zoning and building codes and regulations. (4) The license or permit was issaed in viola- tion of law, without authority, or under a material mistake of fact. (�? The licensee or applicant has failed to com- ply with any condition set forth in the li- cense, or set forth in the resolution grant- ing or renewing the license. (6) a. The licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee or applicant) has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordi- nance or regulation reasonably related to the licensed activity, regardless of whether criminal charges have or have not been brought in connection there- with; b. T'he licensee or applicant has been con- victed of a crime that may disqualify said applicant from holding the license in question under the standazds and procedures in Minnesota Statutes Chapter 364; or c. The licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee or applicant) has engaged in or permitted a pattem or practice of conduct of failure to comply with laws reasona6ly related to the li- censed activity or from which an infer- ence of lack of fitness or good character may be drawn. (7) The activities of the licensee in the licensed activity created or have created a serious danger to the public health, safety or wel- fare, or the licensee performs or has per- formed his or her work or activity in an unsafe manner. (8) The licensed business, or the way in which such business is operated, maintains or per- Supp. No. 30 2�30 ��-�� LICENSES mits conditions that unreasonably annoy, injure or endanger the safety, health, mor- als, comfort or repose of any considerable number of inembers of the public. (9} Failure to keep side�alks or pedestrian ways reasonably free of snow and ice as required under Chapter 114 of the Saint Paul Leg- islative Code. (10) (11) The licensee or applicant has sho�rn 6y past misconduct or unfair acts or dealings: phys- ical abuse, assaults or violent actions done to others, including, but not limited to, ac- tions meeting the definition of criminal sex- ual conduct pursuant to 114innesota Stat- utes Sections 6Q9.342 through 609.3451; sexual a6use, physical abuse or maltreat- ment of a child as defined in ?vlinnesota Stat- utes 3ection 626.556, subdivisions 2 and 16e, including, 6ut not limited to, acts �hich con- stiLute a violation of ?vSinnesota Statutes Sec- tions 609.02, subdivision 10; 609.321 through 609.3451; or 617246; neglect or en- dangerment of a child as defrned in 1VIinne- sota Statutes Section 626.557, subdivision 2; the manufacture, distribution, sale, gift, delivery, transportation, exehange or baz- ter of a controlled substance as defined in Minnesota Statutes Chapter 152; the pos- session of a controlled substance as defined in Minnesota Statutes Chapter 152 in such quantities or under circumstances giving rise to a reasonable inference that the pos- session was for the purpose of sale or dis- tribution to others; or by the abuse of alco- hol or other drugs, that such licensee or applicant is not a person of the good moral chazacter or fitness required to engage in a licensed activit}; business or profession. The licensee or applicant has materially changed or permitted a material change in the design, constructaon or configuration of the licensed premises without the prior ap- proval of the city council in the case of Class III licenses, the director in the case of Ciass II licenses, and the inspector in the case of Class I licenses, or without first haeing ob- tained the proper building permits from the city, Supp. No.30 2031 § 31Q.06 (12) The licensee or applicant has violated sec- tion 294.01 of the Legislative Code, or has made or attempted to make a prohibited ex parte contact with a council member as pro- vided in section 310.05(c-2) of the Legisla- tive Code. The terms `�icensee" or "applican�' for the pur- pose of this section shall mean and include any person who has any interest, whether as a holder of more than five (5) percent of the stock of a cor- poration, as a partner, or otherwise, in the prem- ises or in the business or activity which are li- censed or proposed to be licensed. With respect to any license for activities entitled to the protection of the F�rst Amendment, notcvith- standing the foregoing provisions, neither the lack of good moral character or fitness of the licensee or applicant nor the content of the protected speech or matter shall be the basis for adverse action against the license or application. (c) Imposition of re¢son¢ble conditions ¢nd/or restrictions. When a reasonable basis is found to impose reasonable conditions and/or restrictions upon a license issued or held under these chap- ters, any one (1) or more such reasonable condi- tions and/or restrictions may be imposed upon such license for the purpose ofpromoting public heaIth, safety and welfare, of advancing the public peace and the elimination of conditions or actions that constitute a nuisance or a detriment to the peace- ful enjoyment of urban life, or promoting security and safety in nearby neighborhoods. Such reason- able conditions and/or restrictions may include or pertain to, but are not limited to: (1) A limitation on the hours of operation of the licensed business or establishment, or on particulaz types of activities conducted in or on said business or establishment; (2) A limitation or restriction as to the location within the licensed business or establish- ment whose [sic] particular type of activi- ties may be conducted; (3) A limitation as to the means of ingress or egress from the licensed establishment or its parkiixg lot or immediately adjacent area; (4) A requirement to provide off-street patking in excess of other requirements of law; �1'7-�/l� § 310.06 LEGISL9TIVE CODE (5) A limitation on the manner and means of advertising the operation or merchandise of the licensed establishment; (6) Any other reasonable condition or restric- tion limiting the operation of rhe licensed business or establishment to ensure that the business or establishment will harmo- nize with the character of the azea in which it is located, or to prevent the development or continuation of a nuisance. The inspector mayimpose such conditions on Class I licenses cvith the consent of the license holder, or may recommend the imposition of such conditions as an adverse action against the license or licens- es; the inspector has the same po.�er kith respect to Class II licenses. The council may impose such conditions on Class III licenses with the consent of the license holder, or upon any class of license as an adverse action against the license or licens- es following notice and hearing as nay be re- quired. Such conditions may be imposed on a li- cense or licenses upon issuance or renewal thereof, or upon and as part of any adverse action against a license or licenses,including suspension. Con- ditions imposed on a license or licenses shall re- main on such licenses when renewed and shall continue thereafter untii removed by the council in the case of conditions on Class III licenses or conditions imposed by adverse action, and by the inspector in the case of Class I and II licenses. (d) Standards for muZtiple Zicense determina- tion. In any case in which the council is autho- rized to take adverse action against less than all of the licenses held by a licensee, or applied for by an applicant, the following standazds may be used: (1} The nature and gravity ofthe grovnds found by the council to exist upon which the ad- verse action would be based; (2) The policy and/or regulatory goals for the particular licenses involved, either as em- bodied in the Legislative Code or as found and detemrined by the council; (3) The interrelationship of the licenses and their relative importance to the overatl busi- ness enterprise ofthe licensee or applicant; (4? The management practices of the licensee oz applicant with respect to each of such licenses; (�) The extentto which adverse action against less than all of the licenses or applications would result in ciifficulty in enf'arcing and monitoring the adverse action taken; (6) The hazdship to the licensee or applicant that would be caused by applying adverse action�to all licenses or applications; and (7) The hardship andlor danger to the public, or to the public health and welfare, that would result from adverse action against less than all of the licenses or applications. (Code 1956, § 510.06; Ord. No. 17584, § 1, 8-25-88; Ord. No. 27657, § 15, 6-8-89; Ord. No. 17659, § 2, 6-13-89; Ord. No. 17901, §§ 2, 3, 1-14-92; Ord. No. 17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1, 428- 92; C.F. No. 94500, § 3, 7-6-94; C.F. No. 94-1340, § 3, 10-19-94; C.F. No. 95-473, § 5, 5-31-95) Sec. 310.07. Termination of licenses; surety bonds; insurance contracts. (a) Autom¢tic termin¢tion, reinst¢tement; re- sponsibility of Zicensee. All licenses or permits which must, by the provisions of these chapters or other ordinances or laws, be accompanied by the filing and maintenance of insurance policies, deposits, guazantees, bonds or certifications shall automat- ically terminate on cancellation or withdrawal of said poliaes, deposits, bonds or certifications. No licensee may continue to operate or perform the licensed activity after such termination. The lic- ensee is liable and responsible for the filing and maintenance of such policies, deposits, guazan- tees, bonds or certifications as aze required in these chapters, and shall not be entitled to assert the acts or omissions of agents, brokers, employees, attorneys or any other persons as a defense or justification for failure to comply with such filing and maintenance requirements. In the event the licensee reinstates and files such policies, depos- its, bonds or certifications within thirty i30) days, the license is automatically reinstated on the same terms and conditions, and for the same period as originally issued. After thirty (30) days, the appli- cant must reapply for a renewal of his license as though it were an original appiication. (b? Borzds ¢nd insurance requirements: (1) Surety Companies: All surety bonds run- ning to the City of Saint Paul shall be writ- :`�! Supp. No. 3D 2032 ` OFFICE OF THE CITY ATTORNEY ' TuwUry E Marx, Gry Aftorne�+ 4 7- �/%!p CITY OF SAINT PAUL Norm Caleman, Mayar , .. �nN�;on ... . , _ ' ' 40B � Hall Telephnne: 672166-87I0 IS Wert,��logg Bivd Facsimilc 612 298-5679 G�'' 1 .` � ; � �S�l'afi��Mbmesota 55102 ;, ,�. ��-i�:.'.^+ - tlLr..11 January 14, 1997 NOTICE OF HEARING Mr. Thanh Ngoc Nguyen Cafe Karaoke Do Thanh 1275 University Avenue West Saint Paul, Minnesota 55104 RE: All licenses held by Thanh Ngoc Nguyen d/b/a Cafe Karaoke Do Thanh for the property located at 1275 University Ave. W. License ID No.: 14116 Our File No.: G96-0624 Dear Mr. Thanh Ngoc Nguyen:_ Please,take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above: Date: Thursday, February 13, 1997 Time: 9:30 a.m. Place: Room 1504 St. Paul City Hall Annex 25 W. 4th Street St. Paul, NIIQ. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Susan Williams Office of Administrative Hearings 100 Washington Square, Suite 1700 Minaeapolis, MN. 554Q1 Telephone: 341-7615 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of 9 �-�/� licenses for intoxicating and non-intoxicating liquor, authority is also conveyed by Minnesota Statutes section 34�A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: One of the conditions of your license requires that all patrons shall be required to pass through a metal detector upon entering the premises. On October 17, 1996 at approximately 11:30 p.m., seven or <ight customers were abser�ed entering E.he estabiishment without anyone checking them with a metal detector. On October 18, 1996 two persons entered the licensed establishmeat without being checked with a metal detector. On November 8, 1996 customers were observed entering the Cafe without being checked with a metal detector. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evi3ance, each of whocn th2 licensee or att�rney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owner.s or occupants o£ property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the 3udge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. Notice of Hearing - Page 2 �1 `7-y/ � You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation £or Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have beer, s�ated earlier in this notice may be taken as true. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. I£ you have any questions, you can call me at 266-5710. Very truly yours, i �h � 22LG�'� l J '��'W� Virginia D. Palmer Assistant City Attorney co: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Nancy Thomas, Office of Administrative Hearings, lOC Washington Square, Suite 1700, Mpls, MN 55401 Andy Schneider, Community Organizer, Hamline Midway Coalition, 1564 Lafond Ave., St. Paul, MN 55104 Notice of Hearing - Page 3 April4, 1997 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, SuRe 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Re: Cafe Karaoke OAH Docket No. 73-2111-10912-3 Dear Mr. Owusu: � �- �I� Enclosed is a copy of the tape from the hearing held on February 13, 1997, in the above-referenced matter. The record was returned to you on April 4. Sincerefy, . r �� f . j ��i�� SANDRA A. HAVEN Administrator of Office Services sh Enc. Telephone: 612/341-7642 Providing Impartial Hearings for Government and Citizens An Equal Opp ortu n ity Employer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fau No. (6�2) 349-2665 CITIZEN SERVICE OFFICE Fred Owusu, City CTerk CITY OF SAINT PAUL Norm Colemart, Mayor 170 City H¢U IS W. %ellagg Boulevnrd S�ntPau(,�rtnaota 55102 TeL: 61�266-8989 Far. 6Ib266-8689 web: hup•✓hvww..stpauzgw 7DD: 2668509 June 19, 1997 At the direction of Saint Paul Assistant City Attorney, Paul McCloskey, the original copies of all documentation relating to Council File #97-417 E& K Corporation (d/b/a Checker's Nite Club) have been sent to the Clerk of the Appellate Courts in order to satisfy the requirement of Court of Appeals File Number: CX-97-953. The copies have been filed as the original documents in the City Clerk's office files. ,;�- � � � ,y�� Fre Owusu City Clerk � � -` �-is-5� Paul Mc 1 skey Assistant Ci Clerk STATE OF MINNESOTA IN COURT OF APPEALS E & K Corporation (d/b/a Checker's Nte Club), Relator, �. C�ty of St. Paul, and C5ty Council of the CSty of Saint Paul, Respondents. WRTf OF CERTIORARI COURT OF APP ��R cx � 953 DATE OF MAILING I�TOTICE OF DECISION: May 13, 1997 TO: City of Saint Paul, and City Council of the City of Saint Paul. You aze hereby ordered to return to the Court of Appeals within 30 days from tlus date the record, exlu'bits and proceedings in the above-entitled matter so that this court may review the decision of the C�ty Counc7 of the City of Saint Paul adopted by resolution, Council File #97-417, on Apn7 23, 1997, and maled on the date noted above. Copies of this writ and accompanying petition shall be seived forthwith either personally or by ma� upon respondents and upon attomey for respondents: Peg Birk City Attomey C�ty of Saint Paui 400 C1ty Hall 15 West Kellogg Boulevard Saint Paul, MN 55102 ` �;y � �.. a , ��` . d: v r `, , - �,.�> .� ��, � � 7 �� - �� Proof of seivice shall be filed with the clerk of the appellate courts. Dated: May 23, 1997 �-� ��1�� "� ,�:,� ,� �'�a r,;:">fs� . ��?�.�. ,::�sF7��, r a �' Clerk of AppeUate Courts c�erk -1-